[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 89
117th CONGRESS
  1st Session
                                 S. 93

To amend the Global Magnitsky Human Rights Accountability Act to modify 
 the foreign persons subject to sanctions and to remove the sunset for 
          the imposition of sanctions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

  Mr. Cardin (for himself, Mr. Wicker, Mr. Coons, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

                             June 24, 2021

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

_______________________________________________________________________

                                 A BILL


 
To amend the Global Magnitsky Human Rights Accountability Act to modify 
 the foreign persons subject to sanctions and to remove the sunset for 
          the imposition of sanctions, 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 Magnitsky Human 
Rights Accountability Reauthorization Act''.</DELETED>

<DELETED>SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH 
              RESPECT TO HUMAN RIGHTS VIOLATIONS.</DELETED>

<DELETED>    (a) Definitions.--Section 1262 of the Global Magnitsky 
Human Rights Accountability Act (Subtitle F of title XII of Public Law 
114-328; 22 U.S.C. 2656 note) is amended by striking paragraph (2) and 
inserting the following:</DELETED>
        <DELETED>    ``(2) Immediate family member.--The term 
        `immediate family member', with respect to a foreign person, 
        means the spouse, parent, sibling, or adult child of the 
        person.''.</DELETED>
<DELETED>    (b) Sense of Congress.--The Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended by inserting after section 1262 the 
following new section:</DELETED>

<DELETED>``SEC. 1262A. SENSE OF CONGRESS.</DELETED>

<DELETED>    ``It is the sense of Congress that the President should 
establish and regularize information sharing and sanctions-related 
decision making with like-minded governments possessing human rights 
and anti-corruption sanctions programs similar in nature to those 
authorized under this subtitle.''.</DELETED>
<DELETED>    (c) Imposition of Sanctions.--</DELETED>
        <DELETED>    (1) In general.--Subsection (a) of section 1263 of 
        the Global Magnitsky Human Rights Accountability Act (Subtitle 
        F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
        amended to read as follows:</DELETED>
<DELETED>    ``(a) In General.--The President may impose the sanctions 
described in subsection (b) with respect to--</DELETED>
        <DELETED>    ``(1) any foreign person that the President 
        determines, based on credible information--</DELETED>
                <DELETED>    ``(A) is responsible for or complicit in, 
                or has directly or indirectly engaged in, serious human 
                rights abuse or any violation of internationally 
                recognized human rights;</DELETED>
                <DELETED>    ``(B) is a current or former government 
                official, or a person acting for or on behalf of such 
                an official, who is responsible for or complicit in, or 
                has directly or indirectly engaged in--</DELETED>
                        <DELETED>    ``(i) corruption, including--
                        </DELETED>
                                <DELETED>    ``(I) the misappropriation 
                                of state assets;</DELETED>
                                <DELETED>    ``(II) the expropriation 
                                of private assets for personal 
                                gain;</DELETED>
                                <DELETED>    ``(III) corruption related 
                                to government contracts or the 
                                extraction of natural resources; 
                                or</DELETED>
                                <DELETED>    ``(IV) bribery; 
                                or</DELETED>
                        <DELETED>    ``(ii) the transfer or 
                        facilitation of the transfer of the proceeds of 
                        corruption;</DELETED>
                <DELETED>    ``(C) is or has been a leader or official 
                of--</DELETED>
                        <DELETED>    ``(i) an entity, including a 
                        government entity, that has engaged in, or 
                        whose members have engaged in, any of the 
                        activities described in subparagraph (A) or (B) 
                        during the tenure of the leader or official; 
                        or</DELETED>
                        <DELETED>    ``(ii) an entity whose property 
                        and interests in property are blocked pursuant 
                        to this section as a result of activities 
                        during the tenure of the leader or 
                        official;</DELETED>
                <DELETED>    ``(D) has materially assisted, sponsored, 
                or provided financial, material, or technological 
                support for, or goods or services to or in support of--
                </DELETED>
                        <DELETED>    ``(i) an activity described in 
                        subparagraph (A) or (B) that is conducted by a 
                        foreign person;</DELETED>
                        <DELETED>    ``(ii) a person whose property and 
                        interests in property are blocked pursuant to 
                        this section; or</DELETED>
                        <DELETED>    ``(iii) an entity, including a 
                        government entity, that has engaged in, or 
                        whose members have engaged in, an activity 
                        described in subparagraph (A) or (B) conducted 
                        by a foreign person; or</DELETED>
                <DELETED>    ``(E) is owned or controlled by, or acts 
                or is purported to act for or on behalf of, directly or 
                indirectly, a person whose property and interests in 
                property are blocked pursuant to this section; 
                and</DELETED>
        <DELETED>    ``(2) any immediate family member of a person 
        described in paragraph (1).''.</DELETED>
        <DELETED>    (2) Sanctions described.--Clause (ii) of 
        subsection (b)(2)(C) of such section is amended to read as 
        follows:</DELETED>
                        <DELETED>    ``(ii) Good.--In this 
                        subparagraph, the term `good' means any 
                        article, natural or manmade substance, 
                        material, supply, or manufactured product, 
                        including inspection and test equipment, and 
                        excluding technical data.''.</DELETED>
        <DELETED>    (3) Consideration of certain information.--
        Subsection (c)(2) of such section is amended by inserting 
        ``corruption and'' after ``monitor''.</DELETED>
        <DELETED>    (4) Requests by congress.--Subsection (d) of such 
        section is amended--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``subsection 
                        (a)'' and inserting ``subsection (a)(1)''; 
                        and</DELETED>
                        <DELETED>    (ii) in subparagraph (B)(i), by 
                        inserting ``or an immediate family member of 
                        the person''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) in the subparagraph 
                                heading, by striking ``human rights 
                                violations'' and inserting ``serious 
                                human rights abuse or violations of 
                                internationally recognized human 
                                rights''; and</DELETED>
                                <DELETED>    (II) by striking 
                                ``described in paragraph (1) or (2) of 
                                subsection (a)'' and inserting 
                                ``described in subsection (a)(1) 
                                relating to serious human rights abuse 
                                or any violation of internationally 
                                recognized human rights''; 
                                and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), in the 
                        matter preceding clause (i), by striking 
                        ``described in paragraph (3) or (4) of 
                        subsection (a)'' and inserting ``described in 
                        subsection (a)(1) relating to corruption or the 
                        transfer or facilitation of the transfer of the 
                        proceeds of corruption''.</DELETED>
        <DELETED>    (5) Termination of sanctions.--Subsection (g) of 
        such section is amended, in the matter preceding paragraph (1), 
        by inserting ``and the immediate family members of that 
        person'' after ``a person''.</DELETED>
<DELETED>    (d) Reports to Congress.--Section 1264(a) of the Global 
Magnitsky Human Rights Accountability Act (Subtitle F of title XII of 
Public Law 114-328; 22 U.S.C. 2656 note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (6), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(7) A description of additional steps taken by 
        the President through diplomacy and assistance to foreign or 
        security sectors to address persistent underlying causes of 
        serious human rights abuse, violations of internationally 
        recognized human rights, and corruption in each country in 
        which foreign persons with respect to which sanctions have been 
        imposed under section 1263 are located.''.</DELETED>
<DELETED>    (e) Repeal of Sunset.--Section 1265 of the Global 
Magnitsky Human Rights Accountability Act (Subtitle F of title XII of 
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Magnitsky Human Rights 
Accountability Reauthorization Act''.

SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH RESPECT 
              TO HUMAN RIGHTS VIOLATIONS.

    (a) Definitions.--Section 1262 of the Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) Immediate family member.--The term `immediate family 
        member', with respect to a foreign person, means the spouse, 
        parent, sibling, or adult child of the person.''.
    (b) Sense of Congress.--The Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended by inserting after section 1262 the 
following new section:

``SEC. 1262A. SENSE OF CONGRESS.

    ``It is the sense of Congress that the President should establish 
and regularize information sharing and sanctions-related decision 
making with like-minded governments possessing human rights and anti-
corruption sanctions programs similar in nature to those authorized 
under this subtitle.''.
    (c) Imposition of Sanctions.--
            (1) In general.--Subsection (a) of section 1263 of the 
        Global Magnitsky Human Rights Accountability Act (Subtitle F of 
        title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
        amended to read as follows:
    ``(a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to--
            ``(1) any foreign person that the President determines, 
        based on credible information--
                    ``(A) is responsible for or complicit in, or has 
                directly or indirectly engaged in, serious human rights 
                abuse;
                    ``(B) is a current or former government official, 
                or a person acting for or on behalf of such an 
                official, who is responsible for or complicit in, or 
                has directly or indirectly engaged in--
                            ``(i) corruption, including--
                                    ``(I) the misappropriation of state 
                                assets;
                                    ``(II) the expropriation of private 
                                assets for personal gain;
                                    ``(III) corruption related to 
                                government contracts or the extraction 
                                of natural resources; or
                                    ``(IV) bribery; or
                            ``(ii) the transfer or facilitation of the 
                        transfer of the proceeds of corruption;
                    ``(C) is or has been a leader or official of--
                            ``(i) an entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, any of the activities 
                        described in subparagraph (A) or (B) related to 
                        the tenure of the leader or official; or
                            ``(ii) an entity whose property and 
                        interests in property are blocked pursuant to 
                        this section as a result of activities related 
                        to the tenure of the leader or official;
                    ``(D) has materially assisted, sponsored, or 
                provided financial, material, or technological support 
                for, or goods or services to or in support of--
                            ``(i) an activity described in subparagraph 
                        (A) or (B) that is conducted by a foreign 
                        person;
                            ``(ii) a person whose property and 
                        interests in property are blocked pursuant to 
                        this section; or
                            ``(iii) an entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, an activity described in 
                        subparagraph (A) or (B) conducted by a foreign 
                        person; or
                    ``(E) is owned or controlled by, or has acted or 
                been purported to act for or on behalf of, directly or 
                indirectly, a person whose property and interests in 
                property are blocked pursuant to this section; and
            ``(2) any immediate family member of a person described in 
        paragraph (1).''.
            (2) Consideration of certain information.--Subsection 
        (c)(2) of such section is amended by inserting ``corruption 
        and'' after ``monitor''.
            (3) Requests by congress.--Subsection (d) of such section 
        is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsection (a)'' and 
                        inserting ``subsection (a)(1)''; and
                            (ii) in subparagraph (B)(i), by inserting 
                        ``or an immediate family member of the 
                        person''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                striking ``human rights violations'' 
                                and inserting ``serious human rights 
                                abuse''; and
                                    (II) by striking ``described in 
                                paragraph (1) or (2) of subsection 
                                (a)'' and inserting ``described in 
                                subsection (a)(1) relating to serious 
                                human rights abuse''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``described in 
                                paragraph (3) or (4) of subsection 
                                (a)'' and inserting ``described in 
                                subsection (a)(1) relating to 
                                corruption or the transfer or 
                                facilitation of the transfer of the 
                                proceeds of corruption''; and
                                    (II) by striking ``ranking member 
                                of'' and all that follows through the 
                                period at the end and inserting 
                                ``ranking member of one of the 
                                appropriate congressional committees''.
            (4) Termination of sanctions.--Subsection (g) of such 
        section is amended, in the matter preceding paragraph (1), by 
        inserting ``and the immediate family members of that person'' 
        after ``a person''.
    (d) Reports to Congress.--Section 1264(a) of the Global Magnitsky 
Human Rights Accountability Act (Subtitle F of title XII of Public Law 
114-328; 22 U.S.C. 2656 note) is amended--
            (1) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) A description of additional steps taken by the 
        President through diplomacy, international engagement, and 
        assistance to foreign or security sectors to address persistent 
        underlying causes of serious human rights abuse and corruption 
        in each country in which foreign persons with respect to which 
        sanctions have been imposed under section 1263 are located.''.
    (e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human 
Rights Accountability Act (Subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) is repealed.
                                                        Calendar No. 89

117th CONGRESS

  1st Session

                                 S. 93

_______________________________________________________________________

                                 A BILL

To amend the Global Magnitsky Human Rights Accountability Act to modify 
 the foreign persons subject to sanctions and to remove the sunset for 
          the imposition of sanctions, and for other purposes.

_______________________________________________________________________

                             June 24, 2021

                       Reported with an amendment