[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1687 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1687

  To provide for the imposition of sanctions 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 ALBA countries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2013

 Ms. Ros-Lehtinen (for herself and Mr. Sires) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
 addition to the Committees on Financial Services, Ways and Means, and 
   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 provide for the imposition of sanctions 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 ALBA countries, 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 ``Countering ALBA Act of 2013''.

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) ALBA countries.--The term ``ALBA countries'' means 
        Venezuela, Nicaragua, Bolivia, and Ecuador.
            (3) ALBA governments.--The term ``ALBA Governments'' means 
        the Governments of Venezuela, Nicaragua, Bolivia, and Ecuador.
            (4) Human rights.--The term ``human rights'' has the 
        meaning given such term in the Inter-American Democratic 
        Charter.
            (5) 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) The 2004 Venezuelan Law on Social Responsibility of 
        Radio and Television gives the government the authority to 
        control radio and television content.
            (2) According to the Department of State's annual Country 
        Reports on Human Rights Practices for 2012 for Venezuela, ``The 
        following human rights problems were reported by 
        nongovernmental organizations (NGOs), the media, and in some 
        cases the government itself: unlawful killings, including 
        summary killings by rogue police elements; torture and other 
        cruel, inhuman, or degrading treatment; 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.''.
            (3) In December 2010, the Venezuelan Congress passed the 
        Law on Political Sovereignty and National Self-Determination, 
        which threatens sanctions against any ``political 
        organization'' that receives foreign funding or hosts foreign 
        visitors who criticize the government.
            (4) According to Freedom House's Freedom in the World 
        Report of 2012 on Venezuela, ``Politicization of the judicial 
        branch has increased under Chavez, and high courts generally do 
        not rule against the government.''.
            (5) According to the Department of State's Country Reports 
        on Human Rights Practices for 2012 for Venezuela, ``The 
        principal human rights abuses reported during the year included 
        corruption, inefficiency, and politicization in the judicial 
        system; government actions to impede freedom of expression; and 
        harsh and life-threatening prison conditions. The government 
        harassed and intimidated privately owned television stations, 
        other media outlets, and journalists throughout the year, using 
        threats, fines, property seizures, targeted regulations, and 
        criminal investigations and prosecutions. 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. Failure to 
        provide for due process rights, physical safety, and humane 
        conditions for inmates contributed to widespread violence, 
        riots, injuries, and deaths in prisons.''.
            (6) According to Freedom House's Freedom in the World 
        Report of 2012 on Nicaragua, ``The press has faced increased 
        political and judicial harassment since 2007, as the Ortega 
        administration engages in systematic efforts to obstruct and 
        discredit media critics. Journalists have received death 
        threats, and some have been killed in recent years, with a 
        number of attacks attributed to FSLN sympathizers.''.
            (7) According to Freedom House's Freedom in the World 
        Report of 2012 on Nicaragua, ``Nicaragua's political rights 
        rating declined from 4 to 5 due to shortcomings regarding the 
        constitutionality of Daniel Ortega's presidential candidacy, 
        reported irregularities, and the absence of transparency 
        throughout the electoral process, and the Supreme electoral 
        Tribunal's apparent lack of neutrality.''.
            (8) According to the Department of State's annual Country 
        Reports on Human Rights Practices for 2012 for Nicaragua, ``The 
        principal human rights abuses were restrictions on citizens' 
        right to vote, including significantly biased policies to 
        promote single party dominance, and withholding of 
        accreditation from election-monitoring nongovernmental 
        organizations (NGOs); widespread corruption, including in the 
        police, CSE, Supreme Court of Justice (CSJ), and other 
        government organs; and societal violence, particularly against 
        women and lesbian, gay, bisexual, and transgender (LGBT) 
        persons. Additional significant human rights abuses included 
        police abuse of suspects during arrest and detention; harsh and 
        life-threatening prison conditions; arbitrary and lengthy 
        pretrial detention; erosion of freedom of speech and press, 
        including government intimidation and harassment of journalists 
        and independent media; government harassment and intimidation 
        of NGOs; trafficking in persons; discrimination against ethnic 
        minorities and indigenous persons and communities; societal 
        discrimination against persons with disabilities; 
        discrimination against persons with HIV/AIDS; and violations of 
        trade union rights.''.
            (9) According to Freedom House's Freedom in the World 
        Report of 2012 on Ecuador, ``In February 2011, Guayaquil's 
        leading newspaper, El Universo, published an opinion column 
        suggesting that Correa could be held accountable in the future 
        for the use of lethal force during the rescue operation. In 
        response, Correa lodged a lawsuit against the author and the 
        owners of the newspaper. All four defendants were found guilty 
        of aggravated defamation and sentenced in July to three-year 
        prison sentences and an unprecedented fine of $40 million. 
        International human rights and press freedom organizations, 
        along with the Organization of American States (OAS) and the 
        United Nations, denounced the court decision as a clear effort 
        to intimidate the press.''.
            (10) Freedom House gave Ecuador a ``downward trend arrow'' 
        in 2012 due to ``the government's intensified campaign against 
        opposition leaders and intimidation of journalists, its 
        excessive use of public resources to influence a national 
        referendum, and the unconstitutional restructuring of the 
        judiciary.''.
            (11) According to the Department of State's annual Country 
        Reports on Human Rights Practices for 2012 for Ecuador, ``The 
        main human rights abuses were the use of excessive force by 
        public security forces, restrictions on freedom of speech, 
        press, and association; and corruption by officials. President 
        Correa and his administration continued verbal and legal 
        attacks against the media and used legal mechanisms such as 
        libel laws and administrative regulations to suppress freedom 
        of the press. Corruption was widespread, and questions 
        continued regarding transparency within the judicial sector, 
        despite attempts at procedural reform. The following human 
        rights problems continued: isolated unlawful killings, poor 
        prison conditions, arbitrary arrest and detention, abuses by 
        security forces, a high number of pretrial detainees, and 
        delays and denial of due process within the judicial system. 
        Societal problems continued, including physical aggression 
        against journalists; violence against women; discrimination 
        against women, indigenous persons, Afro-Ecuadorians, and 
        persons based on their sexual orientation; trafficking in 
        persons and exploitation of minors; and child labor.''.
            (12) According to the Department of State's annual Country 
        Reports on Human Rights Practices for 2012 for Bolivia, ``The 
        most serious human rights problems included arbitrary arrest or 
        detention, denial of a fair and timely public trial, and 
        violence against women. Additional human rights problems 
        included harsh prison conditions, restrictions on freedom of 
        speech and press, official corruption in the judiciary and 
        elsewhere, lack of government transparency, trafficking in 
        persons, and vigilante justice. Societal discrimination 
        continued against women; members of racial and ethnic minority 
        groups; indigenous persons; individuals with disabilities; 
        lesbian, gay, bisexual and transgender (LGBT) persons; and 
        those with HIV/AIDS.''.
            (13) According to Freedom House's Freedom in the World 
        Report of 2012 on Bolivia, ``Corruption remains a major problem 
        in Bolivia, affecting a range of government entities and 
        economic sectors, including extractive industries.''.
            (14) According to Freedom House's Freedom in the World 
        Report of 2012 on Bolivia, ``In July 2011, Morales signed a new 
        telecommunications law requiring that state-run media control 
        33 percent of all broadcast licenses. Press freedom advocates 
        welcomed the idea of expanding media access to new groups, but 
        expressed fears that local and indigenous outlets would lack 
        the financial resources to operate independently and could fall 
        under government control. The law also allows the government to 
        access any private communication, including e-mail and 
        telephone calls, for reasons of `national security' or any 
        other emergency.''.
            (15) Mr. Jacob Ostreicher, who has been detained in the 
        notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, 
        since June 4, 2011, is one of the United States citizens who 
        currently is enduring multiple, egregious, and continuous 
        violations of his fundamental due process and human rights 
        under both local and international law.

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, protect, and strengthen the independent 
Inter-American Commission on Human Rights to advance the protection of 
human rights throughout the Western Hemisphere.

SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE 
              FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST 
              CITIZENS OF ALBA COUNTRIES OR THEIR FAMILY MEMBERS AFTER 
              FEBRUARY 2, 1999.

    (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 ALBA Governments or persons acting on behalf of 
        ALBA Governments, 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 ALBA countries or their family members on or after February 
        2, 1999.
            (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 ALBA countries, that 
        monitor the human rights abuses of ALBA Governments.
    (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 the ALBA Governments 
have--
            (1) unconditionally released all political prisoners;
            (2) ceased violence, unlawful detention, torture, and abuse 
        of its citizens;
            (3) conducted a transparent investigation into the 
        killings, arrests, and abuse of peaceful political activists 
        and prosecuted the individuals responsible for such killings, 
        arrests, and abuse; and
            (4) made public commitments to, and is making demonstrable 
        progress toward--
                    (A) establishing an independent judiciary; and
                    (B) respecting the human rights and basic freedoms 
                recognized in the Universal Declaration of Human 
                Rights.

SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS 
              OR TECHNOLOGIES TO ALBA COUNTRIES 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 ALBA countries, any entity 
                        organized under the laws of ALBA countries, or 
                        any national of ALBA countries, for use in or 
                        with respect to ALBA countries; 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 ALBA countries.
                    (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 ALBA Governments or any of the 
                agencies or instrumentalities of ALBA Governments (or 
                by any other person on behalf of ALBA Governments or 
                any of such agencies or instrumentalities) to commit 
                serious human rights abuses against the people of ALBA 
                countries, 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.
            (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 ALBA COUNTRIES.

    (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, on or after February 2, 1999, 
        engaged in censorship or other activities with respect to ALBA 
        countries that--
                    (A) prohibit, limit, or penalize the exercise of 
                freedom of expression or assembly by citizens of ALBA 
                countries; or
                    (B) limit access to print or broadcast media, 
                including the facilitation or support of intentional 
                frequency manipulation by the ALBA Governments or an 
                entity owned or controlled by ALBA Governments 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. 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 the Secretary of the 
Treasury and the heads of other Federal departments and agencies, as 
appropriate, shall submit to the appropriate congressional committees a 
comprehensive strategy to--
            (1) assist the people of ALBA countries 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 ALBA countries;
            (3) provide resources for digital safety training for media 
        and academic and civil society organizations in ALBA countries;
            (4) increase emergency resources for the most vulnerable 
        human rights advocates seeking to organize, share information, 
        and support human rights in ALBA countries;
            (5) expand surrogate radio, television, live stream, and 
        social network communications inside ALBA countries;
            (6) expand activities to safely assist and train human 
        rights, civil society, and democracy activists in ALBA 
        countries to operate effectively and securely;
            (7) expand access to proxy servers for democracy activists 
        in ALBA countries; and
            (8) discourage telecommunications and software companies 
        from facilitating Internet censorship by ALBA Governments.

SEC. 9. COMPREHENSIVE STRATEGY TO ENSURE THAT ALBA GOVERNMENTS ARE 
              DEMOCRATIC GOVERNMENTS.

    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 ALBA Governments are 
democratic governments that--
            (1) result from free and fair 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 ALBA countries;
            (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 ALBA countries; and
            (5) have made demonstrable progress in establishing 
        independent judiciaries and electoral councils.

SEC. 10. 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 ALBA 
        countries;
            (2) to offer refugee status or political asylum in the 
        United States to political dissidents in ALBA countries 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 ALBA country 
        dissidents by name and raise awareness with respect to 
        individual cases of ALBA country dissidents and prisoners of 
        conscience, as appropriate and if requested by the dissidents 
        or prisoners themselves or their families.
                                 <all>