[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1933

  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, and Mr. Markey) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 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 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) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States 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. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS 
              VIOLATIONS OF HUMAN RIGHTS.

    (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--
            (1) is responsible for extrajudicial killings, torture, or 
        other gross violations of internationally recognized human 
        rights committed against individuals in any foreign country 
        seeking--
                    (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; or
            (2) acted as an agent of or on behalf of a foreign person 
        in a matter relating to an activity described in paragraph (1).
    (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.
    (c) Form.--
            (1) In general.--The list required by subsection (a) shall 
        be submitted in unclassified form.
            (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--
                    (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 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).
            (3) Consideration of certain information.--In preparing the 
        list required by subsection (a), the President shall consider--
                    (A) information provided by the chairperson and 
                ranking member of each of the appropriate congressional 
                committees; and
                    (B) credible information obtained by other 
                countries and nongovernmental organizations that 
                monitor violations of human rights.
            (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.
    (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--
            (1) credible information exists that the person did not 
        engage in the activity for which the person was added to the 
        list;
            (2) the person has been prosecuted appropriately for the 
        activity in which the person engaged; or
            (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).
    (e) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--
            (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.
            (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.
            (3) Removal.--
                    (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.
                    (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.
    (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.

SEC. 4. INADMISSIBILITY OF CERTAIN INDIVIDUALS.

    (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.
    (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).
    (c) Waiver for National Security Interests.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or (b) in the case of an 
        individual if--
                    (A) the Secretary determines that such a waiver--
                            (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
                            (ii) is in the national security interests 
                        of the United States; and
                    (B) before granting the waiver, the Secretary 
                provides to the appropriate congressional committees 
                notice of, and a justification for, the waiver.
            (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.
    (d) Regulatory Authority.--The Secretary of State shall prescribe 
such regulations as are necessary to carry out this section.

SEC. 5. FINANCIAL MEASURES.

    (a) Freezing of Assets.--
            (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.
            (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.
    (b) Waiver for National Security Interests.--The Secretary of the 
Treasury may waive the application of subsection (a) if the Secretary--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) not later than 15 days before granting the waiver, 
        provides to the appropriate congressional committees notice of, 
        and a justification for, the waiver.
    (c) Enforcement.--
            (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.
            (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).
    (d) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, and orders as are necessary to carry 
out this section.

SEC. 6. REPORT TO CONGRESS.

    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--
            (1) the actions taken to carry out this Act, including--
                    (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
                    (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
            (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.
                                 <all>