[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

[[Page S6397]]

     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

[[Page S6398]]

       (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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