[Congressional Record Volume 160, Number 81 (Wednesday, May 28, 2014)]
[House]
[Pages H4844-H4850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VENEZUELAN HUMAN RIGHTS AND DEMOCRACY PROTECTION ACT
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 4587) to impose targeted sanctions on individuals
responsible for carrying out or ordering human rights abuses against
the citizens of Venezuela, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4587
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
[[Page H4845]]
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
[[Page H4846]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from Texas (Mr. Castro)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
First, after my remarks, I will place into the Record letters between
the chairmen of the committees of referral on this bill.
Mr. Speaker, I rise today in support of H.R. 4587, the Venezuelan
Human Rights and Democracy Protection Act. This bill has received
bipartisan support from many of my colleagues in the House and was
passed more than 2 weeks ago by our Foreign Affairs Committee.
I would like to thank Chairman Royce, Ranking Member Engel,
subcommittee Chairman Salmon, and Ranking Member Sires for working with
my office to craft the legislation that is before us this afternoon.
Mr. Speaker, we are here today to condemn the ongoing human rights
abuses being committed in Venezuela and to answer the cries of the
people of Venezuela.
On February 12, 2014, also known in Venezuela as 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. Since then, these students and the
Venezuelan people, as a whole, have been met with intimidation, with
violence, with imprisonment simply for calling for the respect of human
rights and democratic change.
One example is the case of Leopoldo Lopez, a pro-democracy leader who
continues to be in prison at a military facility on trumped-up charges
by Maduro in an effort by Maduro to silence his many critics.
The case of Maria Corina Machado is another example. This courageous
woman, a member of the Venezuelan National Assembly until just
recently, has stood up for the people of Venezuela. And for drawing
attention to the abuses being committed by the autocrat, she was
stripped of her legislative seat.
Since the protest began, Mr. Speaker, there have been 42 people
killed, nearly 60 reported cases of torture, more than 2,000 people
unjustly detained, and hundreds more injured. And throughout this
crisis, the so-called dialogue discussions with Maduro and UNASUR has
provided no results, no actions, no concessions, and the innocent are
still being imprisoned. And just 2 weeks ago, Mr. Speaker, 250 teenage
protesters, ones who had camped out in public squares to protest, were
rounded up and thrown in jail. Teenagers.
But the problems in Venezuela go beyond these protests. Venezuela has
now become one of the most dangerous countries in Latin America.
According to press reports, between January 2014 and April 2014, there
were over 4,500 homicides in Venezuela. That is a staggering statistic,
Mr. Speaker.
This call for freedom and democracy in Venezuela did not just start
in February, and it is a shame that it has taken the events of these
past few months for us to get active about the plight of the Venezuelan
people. The struggle for freedom in Venezuela has been ongoing for over
a decade due to the oppressive policies put forth by the late Hugo
Chavez, which have now continued under his handpicked successor.
The legislation before us, Mr. Speaker, is very direct and very
clear. It seeks to target Venezuelan officials by denying them visas to
enter the United States, blocking property, freezing assets, and
prohibiting financial transactions to members of the Venezuelan regime
who are responsible for the commission of serious human rights abuses
against the people of Venezuela. It is very clear, very direct.
The United States Congress must stand ready to act on the calls of
freedom and democracy around the globe, and the Venezuelan people have
sent us a distress signal for help. Today, we answer that call by
condemning the actions taken by the Maduro regime and showing our
support to the people of
[[Page H4847]]
Venezuela who are seeking liberty, freedom, human rights, and justice.
With that, Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Ways and Means,
Washington, DC, May 23, 2014.
Hon. Edward R. Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Royce: I am writing concerning H.R. 4587, the
``Venezuelan Human Rights and Democracy Protection Act,''
which was favorably reported out of your Committee on May 9,
2014.
Given that certain provisions in the bill are within the
jurisdiction of the Committee on Ways and Means, I appreciate
that you have addressed these provisions in response to the
Committee's concerns. As a result, in order to expedite Floor
consideration of the bill, the Committee on Ways and Means
will forgo action on H.R. 4587. Further, the Committee will
not oppose the bill's Floor consideration, based on our
understanding that you will work with us as the legislative
process moves forward to ensure that our concerns continue to
be addressed. This is also being done with the understanding
that it does not in any way prejudice the Committee with
respect to the appointment of conferees or its jurisdictional
prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 4587, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration.
Sincerely,
Dave Camp,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, May 27, 2014.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Camp: Thank you for consulting with the
Committee on Foreign Affairs on H.R. 4587, the Venezuelan
Human Rights and Democracy Promotion Act, and for agreeing to
forgo a sequential referral request so that the bill may
proceed expeditiously to the Floor. The suspension text
contains edits that implicate the Rule X jurisdictional
interests of the Committee on Ways and Means that were
drafted in consultation with your committee.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of the
Committee on the Ways and Means, or prejudice its
jurisdictional prerogatives on this resolution or similar
legislation in the future.
I will seek to place our letters on H.R. 4587 into the
Congressional Record during floor consideration of the
resolution. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with the
Committee on Ways and Means as this measure moves through the
legislative process.
Sincerely,
Edward R. Royce,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 28, 2014.
Hon. Ed Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Royce: I am writing with respect to H.R.
4587, the ``Venezuelan Human Rights and Democracy Protection
Act,'' which the Committee on Foreign Affairs ordered
reported favorably on May 9, 2014. As a result of your having
consulted with us on provisions in H.R. 4587 that fall within
the Rule X jurisdiction of the Committee on the Judiciary, I
agree to discharge our Committee from further consideration
of this bill so that it may proceed expeditiously to the
House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 4587 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as
this bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 4587, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration of H.R. 4587.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, May 28, 2014.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for consulting with the
Committee on Foreign Affairs on H.R. 4587, the Venezuelan
Human Rights and Democracy Promotion Act, and for agreeing to
be discharged from further consideration of that bill. The
suspension text contains edits to portions of the bill within
the Rule X jurisdiction of the Committee on the Judiciary
that were drafted in consultation with your committee.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of the
Committee on the Judiciary, or prejudice its jurisdictional
prerogatives on this resolution or similar legislation in the
future. I would support your effort to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this legislation.
I will seek to place our letters on H.R. 4587 into the
Congressional Record during floor consideration of the
resolution. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with the
Committee on the Judiciary as this measure moves through the
legislative process.
Sincerely,
Edward R. Royce,
Chairman.
Mr. CASTRO of Texas. Mr. Speaker, I yield myself such time as I may
consume and rise in strong support of H.R. 4587, the Venezuelan Human
Rights and Democracy Protection Act.
I would first like to thank Congresswoman Ros-Lehtinen for authoring
this legislation and for her dedication to these important issues.
The eyes of this Congress and the international community are on
Venezuela and President Nicolas Maduro and his security forces as they
crack down on peaceful protesters. It is an absolute tragedy that 42
people have been killed in protests throughout the country. I am also
troubled that opposition leader Leopoldo Lopez remains in jail on
charges while many others have been unjustly detained by the Maduro
government.
I am grateful for President Obama and Secretary Kerry's strong
statements condemning the government's reprehensible actions. Let me
say that all of us in Congress want nothing more than a peaceful
resolution to this conflict. It was disappointing when negotiations
between the Maduro government and the opposition broke down, and I hope
that these talks can be revived.
In March, the House of Representatives passed a resolution which
encouraged ``a process of dialogue between the Government of Venezuela
and the political opposition to end the violence.'' I continue to
believe that dialogue is the best way out of this crisis. In the
meantime, the legislation that we are considering today makes it clear
that the United States will not turn a blind eye to human rights
violations.
This bill has been crafted to impose targeted sanctions on human
rights violators in Venezuela, while not harming average Venezuelans
who are already suffering as a result of terrible economic
mismanagement by the country's leaders.
While the Venezuelan Government might try to say otherwise, let us be
clear: there is not a single provision in this bill that would
negatively affect the average Venezuelan. This bill does not touch the
Venezuelan oil sector or other parts of the country's economy. Instead,
the Venezuelan Human Rights and Democracy Protection Act revokes visas
and freezes assets of human rights violators. Finally, it is important
to note that this bill gives President Obama a great deal of
flexibility to respond to events on the ground in Venezuela. Each and
every sanction in this bill can be waived by the President at any time.
I would also point out, Mr. Speaker, as I mentioned when this came up
in committee and as the gentlewoman will remember, that it is important
that the United States sends a strong signal in Latin America. Although
we understand that each of the Latin American countries is distinct and
different and all have different histories, we witnessed in the 1960s
through the 1980s many thousands of students who disappeared, who were
removed from their homes by their governments because of the protests
that were going on in those countries at the time. We want to make sure
that that never happens again, and this bill is important in ensuring
that the Venezuelan Government understands that the United States is
watching and that we will make sure that something like that doesn't
happen again.
With that, Mr. Speaker, I reserve the balance of my time.
[[Page H4848]]
Ms. ROS-LEHTINEN. Mr. Speaker, at this time, I yield 2 minutes to the
gentleman from New Jersey (Mr. Smith), the chairman of the Foreign
Affairs Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations.
Mr. SMITH of New Jersey. I thank my good friend for yielding.
Mr. Speaker, I rise in strong support of the Venezuelan Human Rights
and Democracy Protection Act and to thank my distinguished colleague,
Chairwoman Ileana Ros-Lehtinen, for her bold leadership in calling
attention to the deplorable human rights situation in Venezuela and for
creating this meaningful diplomatic tool to assist the Venezuelan
people in resisting tyranny; first, the tyranny imposed by Hugo Chavez,
and now that of his understudy in oppression, Nicolas Maduro.
At its core, this important initiative authorizes targeted sanctions
to those who are responsible for violence and abuse, namely, members of
the Maduro regime. The regime's silencing of democracy advocates, such
as Leopoldo Lopez, is a violation of fundamental human rights and is an
example of what makes this piece of legislation so fitting and so
necessary.
I also support the bill's redirection of funds towards supporting
civil society groups in Venezuela involved in promoting respect for
democracy and fundamental freedoms, most importantly, the respect for
the right to life, expression, and the right of religious liberty.
Indeed, I want to underscore the church's role as a voice independent
of the State of Venezuela and how it has been unafraid to speak up on
behalf of the oppressed and those protesting injustice. The Maduro
regime has sought to silence the church, which remains a force
independent of the government and a witness to the truth. The House of
Representatives honors and deeply respects the key role that the church
and faith-based civil society groups are playing in the fight for
democracy and human rights in Venezuela.
As we all hope to see a free and democratic Venezuela, I strongly
urge my colleagues to support the Ros-Lehtinen legislation, H.R. 4587.
Mr. CASTRO of Texas. I reserve the balance of my time, Mr. Speaker.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Indiana (Mr. Messer), a member of the Committee on Financial
Services.
Mr. MESSER. Mr. Speaker, I rise in support of this important
bipartisan bill, to promote human rights in Venezuela. I want to
commend my colleague, Chairwoman Ros-Lehtinen, for bringing this
important measure forward. It makes clear that, as a Nation, we do not
condone the recent human rights abuses against Venezuelans as they
fight for democratic change.
Venezuelans speaking out for basic rights and freedoms, such as the
ability to speak freely and live free from intimidation and violence,
have been harassed, intimidated, threatened, and killed as a result of
their desire to determine their own destiny. Just this month, 41 people
have been killed, over 100 injured, and 60 tortured in Venezuela in
response to pro-democracy demonstrations. These are alarming
statistics, and action must be taken to prevent this violence and hold
the perpetrators accountable. This legislation does that by placing
sanctions on those in President Maduro's government who are responsible
for this violence against those exercising their legitimate rights.
I urge all of my colleagues to support this important bipartisan
measure.
Mr. CASTRO of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from New York (Mr. Meeks), my colleague on the Foreign Affairs
Committee.
{time} 1615
Mr. MEEKS. Mr. Speaker, I come to the floor today to oppose H.R.
4587, the Venezuelan Human Rights and Democracy Protection Act. And
while I am deeply troubled by the violence that erupted in Venezuela at
the onset of protests months ago, and I join all of the people of
Venezuela in mourning the loss of many lives, I also join all the
people of Venezuela in the desire to see peaceful protests and a
peaceful outcome, and that violence by anyone and everyone cease. I
remain committed to doing everything in my power to support a positive
outcome in that nation. But I believe vehemently that unilateral action
by the United States is not the answer, and that is why this bill is
not the right step to take.
I know that there are high emotions on all sides of this issue, and I
understand why, but the House should not act emotionally, it should act
judiciously. This bill does not advance U.S. interests, it will not
help the people of Venezuela, and it sends the message to our regional
allies that we don't care much about what they think. And these are
allies, these are friends. Moreover, the Obama administration has the
authority to do what this bill calls for right now, and the
administration has shown its willingness to use its authority.
So what, then, is our objective? Is it intended to push Venezuela to
the brink? What would that do for the Venezuelan people and the region?
Now, I have spoken to all of our major allies in the region, and I have
yet to hear any support by them for sanctions, but there is strong
support for multilateral engagement. Our allies do not want to see the
situation in Venezuela worsen.
The unilateral sanctions bill we are considering today is misguided
in that it is an unfortunate reminder of the history of U.S. arrogance
in the Western Hemisphere. We have a legacy in the Americas that is
riddled with long-lasting consequences. That legacy has left us with a
trust deficit. Today, we are considering a bill that does nothing to
build that trust. Our standing in our own hemisphere will never improve
unless or until we build that trust.
While we pursue these sanctions, our allies are actively supporting
dialogue. Members of this very body have made it a point to denounce
and even condemn some regional organizations. Yet, one of those
organizations, along with the Vatican, has managed to be the
facilitator of engagement between some of the opposition and some in
the Government of Venezuela. UNASUR, in its mediation efforts,
continues to urge dialogue between all parties, and it is my sincere
hope that dialogue can be successful.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CASTRO of Texas. I yield the gentleman an additional 1 minute.
Mr. MEEKS. It is my sincere hope that dialogue can be successful, but
in moments like this, I hope that we understand that unilateral
sanctions would be another policy mistake--a costly mistake that we can
and should avoid.
Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
Mr. Speaker, we are gathered here because we believe we must speak
for those who cannot speak freely, because our Venezuelan brothers and
sisters are engaged in a critical battle for freedom and democracy
against a brutal enemy. And we are gathered here because, even as we
enjoy the freedoms to assemble and express our beliefs, we want our
brothers and sisters in Venezuela to enjoy this and other basic
liberties.
Millions of people throughout the country have expressed themselves
in the past 3 weeks in support of democratic change. But the Maduro
regime has responded with tear gas, with rubber bullets, and even live
ammunition, killing at least 42, injuring hundreds, and unjustly
detaining countless others.
We must act because democracy and human rights aren't issues for
Venezuelans only. They matter to all of us who seek to advance human
dignity, rule of law, justice, and freedom. Tyrants like Maduro fear a
small group of committed citizens because they know that they are the
only force that has changed history. And we don't have to go far in
history to see that even one person can make a difference.
With that, Mr. Speaker, I am going to reserve the balance of my time
to close if Mr. Castro is prepared to yield back.
Mr. CASTRO of Texas. I am, and I just wanted to say, again, thank you
to the Congresswoman, to the chairman of the committee, Chairman Royce,
and Ranking Member Engel.
Of course, I am here as many others are to support the bill. There
was a counterargument that Mr. Meeks so eloquently stated. I am glad he
had a chance to voice it, but I do hope that the Congress today will
get behind this bill.
With no other speakers, I yield back the balance of my time.
[[Page H4849]]
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume, and I will introduce our closing speaker. I never thought that
I would utter these words, but it was a pleasure to work with Mr.
Castro.
In closing for our side, Mr. Speaker, I yield the balance of my time
to the gentleman from Florida (Mr. Diaz-Balart), my legislative
brother, a member of the Committee on Appropriations and a champion of
freedom, democracy, and human rights in the Western Hemisphere and
around the world.
Mr. DIAZ-BALART. Mr. Speaker, I also rise in support of this
important resolution, the Venezuelan Human Rights and Democracy
Protection Act.
I first, Mr. Speaker, want to start by thanking my dear friend, a
tireless champion for human rights and democracy around the world. She
has thanked, and rightfully so, a number of people who have helped with
this important legislation. But we would not be dealing with this issue
on the floor if it weren't for the tireless effort, the constant and
tireless struggle, fight, solidarity, and efforts of my dear friend, my
sister, Congresswoman Ileana Ros-Lehtinen. Those people around the
world who are struggling in gulags and struggling for their freedom
know that they have in Ileana Ros-Lehtinen a true champion, and, once
again, we see that leadership here today.
Mr. Speaker, since mid-February, the people of Venezuela--led mostly
by students, by the way--have risen up to protest the corruption, the
food shortages, the crime rates, and the alarming repression that have
worsened during Maduro's few months in office, in control.
In response to these legitimate peaceful grievances, Mr. Speaker,
what the Venezuelan regime has done is they have ordered security
forces to brutally crack down--brutally with great force and
brutality--crack down on the opposition. They have used unlawful force.
They have used severe beatings and beatings of unarmed protesters,
mostly students, and, by the way, even shooting some of them
pointblank. They even jailed some of the main opposition leaders on
phony charges, Mr. Speaker.
Since the protests began, as you have already heard, more than 40
people have been killed, about 3,000 people have been arrested, many
have disappeared, and hundreds more have been injured, Mr. Speaker. In
addition, Maduro's regime has instituted a virtual media blackout,
blocking images even over the Internet and, by the way, even expelling
journalists, including CNN and NTN. Just this past weekend alone, the
Venezuelan regime blocked a CNN news crew from covering local
elections. Obviously, they don't want anybody there who can show when
and how they are stealing those sham elections.
It is shameful, Mr. Speaker, that the Chavez-Maduro regime policies
have managed to really get one of the richest economies in Latin
America, the largest oil exporter in Latin America, and they have made
it apparently a poverty-ridden nation. People now face shortages of
some of the most basic commodities, Mr. Speaker. And, by the way,
inflation is about 50 percent over the last year. So no wonder the
people are struggling.
Maduro has intensified his intimidation tactics, though, by
increasing political arrests and by militarizing his response, using
thugs to respond to the peaceful opposition members and students who
are in the streets demanding freedom. He has been labeling those
unarmed opposition leaders as terrorists and also enemies of the state.
We have heard that before, Mr. Speaker.
This bill, frankly, just directs our administration to rightly deny
visas, to freeze assets, and prohibit financial transactions to the
members of the Venezuelan regime responsible, Mr. Speaker, those
responsible for committing these human rights abuses. These corrupt
cowards who now have blood on their hands shouldn't be allowed to
travel to our country while they continue to brutalize their fellow
students, the students who are in the streets demanding freedom and the
regaining of their sovereignty.
It is time to hold these human rights abusers accountable. Those
complicit with those egregious acts of human rights violations, Mr.
Speaker, they have to be named. They must be named and shamed. And they
need to suffer the consequences of their actions.
So, Mr. Speaker, I have the great fortune and privilege of
representing a patriotic and vibrant Venezuelan American community in
southern Florida. They continue to bring attention to these deplorable
conditions of those in Venezuela while the vast majority of the
international community that some would like us to yield to their
wishes, but yet they are not saying anything. The Venezuelan people are
standing up--in many cases dying in the streets--and the vast majority
of the international community is silent. So some would have us just
also be silent.
With the passage of this bill, the United States House of
Representatives will send a strong signal that we stand in solidarity
with the Venezuelan people. As they struggle to regain democracy and to
regain their freedom from the Maduro regime, this House, the United
States of America, the people's House, stands with them. So I urge the
support of my colleagues on this commonsense resolution.
I keep hearing people that I greatly respect: Well, but not all
Venezuelans support sanctions. No. The regime doesn't support the
sanctions. But this House, led by this leader right here sitting next
to me, was instrumental in strengthening sanctions against Iran when a
lot of the international community was against it and, frankly, when
the administration--our own administration--was lukewarm at best. But
this House stood firm. This House stands for freedom and democracy.
And, today, once again, this House can stand proudly side by side with
those who are giving their all in the streets of Venezuela to regain
their freedom, their sovereignty and their dignity.
With that, Mr. Speaker, I urge support of this important legislation.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield back the balance of my time.
Mr. McGOVERN. Mr. Speaker, I rise in opposition to this bill. I do
not doubt the good intentions of its sponsors and supporters, but I
firmly believe this bill, if enacted into law at this time, would have
serious and negative consequences.
As the International Crisis Group described in its May 21st report,
Venezuela has reached a tipping point in civil, military and
governmental relations. The violence that began in February has cost at
least 42 lives--mostly protestors, but also some security forces--
injured hundreds, and produced scores of human rights violations and
hundreds of arbitrary detentions. Finding a solution to this crisis is
both urgent and complex.
The question facing this Congress is what should the United States do
to support the negotiations currently underway, difficult as that
process might be; ensure that those responsible for violence and the
excessive use of force are held to account and brought to justice; help
open up political space and dialogue among various civil society
actors; and lower or diminish the levels of violence and confrontation?
The South American Union, UNASUR, with the support of the Vatican, is
engaged in a dialogue process between the political opposition and the
democratically-elected Maduro government. A clear agenda still needs to
be set for this dialogue, which began with a couple of promising
meetings, but now appears frozen. What is not needed is for the U.S. to
appear to be interfering in the process and allowing the Maduro
government to portray the political crisis of the past few months as a
conflict between Venezuela and the United States, rather than a crisis
between the Maduro government, political opponents and certain sectors
of civil society. The State Department has suggested that some members
of the opposition have asked them not to pursue sanctions which might
put them on the defensive. Just the talk of U.S. sanctions has allowed
President Maduro and his ministers to deflect attention from their lack
of concessions and their failure to ease the economic crisis and deal
effectively with safeguarding the security of ordinary citizens from
criminal violence and attacks.
Not only do I believe these sanctions would be counter-productive
inside Venezuela, but I also believe they will further damage U.S.
relations in the hemisphere. U.S. allies in the region such as Colombia
and Brazil are leading a serious diplomatic effort to resolve this
crisis. They have publicly criticized U.S. efforts to impose sanctions.
Sanctions legislation at this time would, once again, represent to the
rest of Latin America the return of the U.S. taking unilateral actions
opposed by the rest of the region. They would be considered not just
unhelpful, but an insult.
I am no stranger to taking action and imposing sanctions on
government officials and individuals engaged in gross violations of
human
[[Page H4850]]
rights. But I also believe there is a right time and a right way to do
so. This legislation is premature. I urge my colleagues to give
diplomacy a chance to work, to give our Latin American neighbors time
to promote dialogue, one that de-escalates tensions, identifies and
holds to account those responsible for killings and human rights
violations, and helps Venezuela not only to resolve this crisis but to
advance a more pluralistic society. Don't throw gasoline on the fire. I
urge my colleagues to vote ``no'' and oppose H.R. 4587.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, H.R. 4587, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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