[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4587 Engrossed in House (EH)]

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.

    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:

                                                                 Clerk.
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.