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

                                                       Calendar No. 449
113th CONGRESS
  2d Session
                                S. 1933

                          [Report No. 113-203]

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

                             June 26, 2014

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Global Human Rights 
Accountability Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.</DELETED>
        <DELETED>    (3) Foreign person.--The term ``foreign person'' 
        means a person that is not a United States person.</DELETED>
        <DELETED>    (4) Person.--The term ``person'' means an 
        individual or entity.</DELETED>
        <DELETED>    (5) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (A) a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States; or</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR 
              GROSS VIOLATIONS OF HUMAN RIGHTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) is responsible for extrajudicial killings, 
        torture, or other gross violations of internationally 
        recognized human rights committed against individuals in any 
        foreign country seeking--</DELETED>
                <DELETED>    (A) to expose illegal activity carried out 
                by government officials; or</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) acted as an agent of or on behalf of a foreign 
        person in a matter relating to an activity described in 
        paragraph (1).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Form.--</DELETED>
        <DELETED>    (1) In general.--The list required by subsection 
        (a) shall be submitted in unclassified form.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) determines that it is vital for the 
                national security interests of the United States to do 
                so;</DELETED>
                <DELETED>    (B) uses the annex in a manner consistent 
                with congressional intent and the purposes of this Act; 
                and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Consideration of certain information.--In 
        preparing the list required by subsection (a), the President 
        shall consider--</DELETED>
                <DELETED>    (A) information provided by the 
                chairperson and ranking member of each of the 
                appropriate congressional committees; and</DELETED>
                <DELETED>    (B) credible information obtained by other 
                countries and nongovernmental organizations that 
                monitor violations of human rights.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) credible information exists that the person 
        did not engage in the activity for which the person was added 
        to the list;</DELETED>
        <DELETED>    (2) the person has been prosecuted appropriately 
        for the activity in which the person engaged; or</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (e) Requests by Chairperson and Ranking Member of 
Appropriate Congressional Committees.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Removal.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. INADMISSIBILITY OF CERTAIN INDIVIDUALS.</DELETED>

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

<DELETED>SEC. 5. FINANCIAL MEASURES.</DELETED>

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

<DELETED>SEC. 6. REPORT TO CONGRESS.</DELETED>

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

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 Banking, Housing, and Urban 
                Affairs and the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Financial Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Person.--The term ``person'' means an individual or 
        entity.
            (4) 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 may impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines, based on credible evidence--
            (1) is responsible for extrajudicial killings, torture, or 
        other gross violations of internationally recognized human 
        rights committed against individuals in any foreign country 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) before granting the 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 TO CONGRESS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and annually thereafter, the President shall 
submit to the appropriate congressional committees a report that 
includes--
            (1) 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;
            (2) a description of the type of sanctions imposed with 
        respect to each such person;
            (3) the number of foreign persons with respect to which the 
        President--
                    (A) imposed sanctions under section 3(a) during 
                that year; and
                    (B) terminated sanctions under section 3(h) during 
                that year;
            (4) the dates on which such sanctions were imposed or 
        terminated, as the case may be;
            (5) the reasons for imposing or terminating such sanctions; 
        and
            (6) 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.
    (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.--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--
                    (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 the name in the classified annex despite 
                any publicly available credible information indicating 
                that the person engaged in an activity described in 
                section 3(a).
    (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.
                                                       Calendar No. 449

113th CONGRESS

  2d Session

                                S. 1933

                          [Report No. 113-203]

_______________________________________________________________________

                                 A BILL

  To impose sanctions with respect to foreign persons responsible for 
 gross violations of internationally recognized human rights, and for 
                            other purposes.

_______________________________________________________________________

                             June 26, 2014

                       Reported with an amendment