[Congressional Record Volume 160, Number 148 (Monday, December 8, 2014)]
[Senate]
[Pages S6396-S6398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VENEZUELA DEFENSE OF HUMAN RIGHTS AND CIVIL SOCIETY ACT OF 2014
Mr. REID. I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 401, S. 2142.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 2142) to impose targeted sanctions on persons
responsible for violations of human rights of antigovernment
protesters in Venezuela, to strengthen civil society in
Venezuela, and for other purposes.
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Foreign Relations,
with amendments; as follows:
(The part of the bill intended to be stricken is shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 2142
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 ``Venezuela Defense of Human
Rights and Civil Society Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Central Bank of Venezuela and the National
Statistical Institute of Venezuela have stated that the
inflation rate in Venezuela was 56.30 percent in 2013, the
highest level of inflation in the Western Hemisphere and the
third highest level of inflation in the world behind South
Sudan and Syria.
(2) The Central Bank of Venezuela and the Government of
Venezuela have imposed a series of currency controls that has
exacerbated economic problems and, according to the World
Economic Forum, has become the most problematic factor for
doing business in Venezuela.
(3) The Central Bank of Venezuela and the National
Statistical Institute of Venezuela have declared that the
scarcity index of Venezuela reached 28 percent in December
2013, which signifies that one in 4 basic goods is
unavailable at any given time.
(4) Since 1999, violent crime in Venezuela has risen
sharply and the Venezuelan Violence Observatory, an
independent nongovernmental organization, found the national
per capita murder rate to be 79 per 100,000 people in 2013.
(5) The international nongovernmental organization Human
Rights Watch recently stated, ``Under the leadership of
President Chaavez and now President Maduro, the accumulation
of power in the executive branch and the erosion of human
rights guarantees have enabled the government to intimidate,
censor, and prosecute its critics.''.
(6) The Country Reports on Human Rights Practices for 2013
of the Department of State maintained that in Venezuela ``the
government did not respect judicial independence or permit
judges to act according to the law without fear of
retaliation'' and ``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''.
(7) The Government of Venezuela has detained foreign
journalists and threatened and expelled international media
outlets operating in Venezuela, and the international
nongovernmental organization Freedom House declared that
Venezuela's ``media climate is permeated by intimidation,
sometimes including physical attacks, and strong antimedia
rhetoric by the government is common''.
(8) Since February 4, 2014, the Government of Venezuela has
responded to antigovernment protests with violence and
killings perpetrated by public security forces, and by
arresting and unjustly charging opposition leader Leopoldo
Lopes with criminal incitement, conspiracy, arson, and intent
to damage property.
(9) As of March 13, 2014, 23 people had been killed, more
than 100 people had been injured, and dozens had been
unjustly detained as a result of antigovernment
demonstrations throughout Venezuela.
SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS
IN VENEZUELA AND THE NEED TO PREVENT FURTHER
VIOLENCE IN VENEZUELA.
It is the sense of Congress that--
(1) the United States aspires to a mutually beneficial
relationship with Venezuela based on respect for human rights
and the rule of law and a functional and productive
relationship on issues of public security, including
counternarcotics and counterterrorism;
(2) the United States supports the people of Venezuela in
their efforts to realize their full economic potential and to
advance representative democracy, human rights, and the rule
of law within their country;
(3) the chronic mismanagement by the Government of
Venezuela of its economy has produced conditions of economic
hardship and scarcity of basic goods and foodstuffs for the
people of Venezuela;
(4) the failure of the Government of Venezuela to guarantee
minimal standards of public security for its citizens has led
the country to become one of the most violent in the world;
(5) the Government of Venezuela continues to take steps to
remove checks and balances on the executive, politicize the
judiciary, undermine the independence of the legislature
through use of executive decree powers, persecute and
prosecute its political opponents, curtail freedom of the
press, and limit the free expression of its citizens;
(6) the people of Venezuela, responding to ongoing economic
hardship, high levels of
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crime and violence, and the lack of basic political rights
and individual freedoms, have turned out in demonstrations in
Caracas and throughout the country to protest the inability
of the Government of Venezuela to ensure the political and
economic well-being of its citizens; and
(7) the repeated use of violence perpetrated by the
National Guard and security personnel of Venezuela, as well
as persons acting on behalf of the Government of Venezuela,
in relation to the antigovernment protests that began on
February 4, 2014, is intolerable and the use of unprovoked
violence by protesters is also a matter of serious concern.
SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA.
It is the policy of the United States--
(1) to support the people of Venezuela in their aspiration
to live under conditions of peace and representative
democracy as defined by the Inter-American Democratic Charter
of the Organization of American States;
(2) to work in concert with the other member states within
the Organization of American States, as well as the countries
of the European Union, to ensure the peaceful resolution of
the current situation in Venezuela and the immediate
cessation of violence against antigovernment protestors;
(3) to hold accountable government and security officials
in Venezuela responsible for or complicit in the use of force
in relation to the antigovernment protests that began on
February 4, 2014, and similar future acts of violence; and
(4) to continue to support the development of democratic
political processes and independent civil society 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) 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 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
persons associated with the antigovernment protests in
Venezuela that began on February 4, 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; or
(3) has 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).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a), denial of a
visa to, and exclusion from the United States of, the alien,
and revocation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), of any
visa or other documentation of the alien.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued
to carry out 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
security interests of the United States; and
(2) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the
Committee on Banking Housing, and Urban Affairs of the Senate
and the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives a notice
of and justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
(e) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(3) 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).
(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. 6. SUPPORT FOR CIVIL SOCIETY IN VENEZUELA.
(a) In General.--The Secretary of State and the
Administrator of the United States Agency for International
Development shall, subject to the availability of
appropriations, directly or through nongovernmental
organizations--
(1) defend internationally recognized human rights for the
people of Venezuela;
[(2) build the organizational and operational capacity of
democratic civil society activists and organizations in
Venezuela at the national and regional level;
[(3) support the efforts of independent media outlets to
broadcast, distribute, and share information beyond the
limited channels made available by the Government of
Venezuela;]
(2) strengthen the organizational and operational capacity
of democratic civil society in Venezuela;
(3) support the efforts of independent media outlets to
broadcast, distribute, and share information beyond the
limited means available as of the date of the enactment of
this Act;
(4) facilitate open and uncensored access to the Internet
for the people of Venezuela;
(5) improve transparency and accountability of institutions
that are part of the Government of Venezuela;
(6) provide support to civil society organizations,
activists, and peaceful demonstrators in Venezuela that have
been targeted for exercising internationally recognized civil
and political rights, as well as journalists targeted for
activities related to the work of a free press; and
(7) provide support for democratic [political] organizing
and election monitoring in Venezuela.
(b) Strategy Requirement.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
a strategy to carry out the activities described in
subsection (a) to--
(1) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $15,000,000 for fiscal year 2015 to
carry out subsection (a). Amounts appropriated for the
activities set forth in subsection (a) shall be used pursuant
to the authorization and requirements contained in this
section. Additional amounts may be authorized to be
appropriated under provisions of law.
(2) Notification requirement.--
(A) In general.--Funds appropriated or otherwise made
available pursuant to paragraph (1) may not be obligated
until until 15 days after the date on which the President has
provided notice of intent to obligate such funds to--
(i) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
(B) Waiver.--The President may waive the requirement under
subparagraph (A) if the President determines that failure to
waive that requirement would pose a substantial risk to human
health or welfare, in which case notification shall be
provided as early as practicable, but in no event later than
3 days after taking the action to which such notification
requirement was applicable in the context of the
circumstances necessitating such waiver.
SEC. 7. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND
CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN
VENEZUELA.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Chairman of the Broadcasting
Board of Governors (in this section referred to as the
``Board'') shall submit to Congress a report that includes--
(1) a thorough evaluation of the governmental, political,
and technological obstacles faced by the people of Venezuela
in their efforts to obtain accurate, objective, and
comprehensive news and information about domestic and
international affairs;
(2) an assessment of current efforts relating to
broadcasting, information distribution, and circumvention
technology distribution in Venezuela, by the United States
Government and otherwise; and
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(3) a strategy for expanding such efforts in Venezuela,
including recommendations for additional measures to expand
upon current efforts.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the current level of Federal funding
dedicated to broadcasting, information distribution, and
circumvention technology distribution in Venezuela by the
Board before the date of the enactment of this Act;
(2) an assessment of whether the current level and type of
news and related programming and content provided by the
Voice of America is sufficiently addressing the informational
needs of the people of Venezuela; and
(3) specific measures for increasing broadcasting,
information distribution, and circumvention technology
distribution in Venezuela.
Mr. REID. Mr. President, I further ask unanimous consent that the
committee-reported amendments be agreed to, the Menendez substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time, and the Senate proceed to vote on passage of the
bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were agreed to.
The amendment (No. 3974) in the nature of a substitute was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
The bill (S. 2142), as amended, was passed.
Mr. REID. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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