[Congressional Record Volume 161, Number 184 (Thursday, December 17, 2015)]
[Senate]
[Pages S8835-S8836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 174, S. 284.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 284) to impose sanctions with respect to foreign 
     persons responsible for gross violations of internationally 
     recognized human rights, 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 
an amendment.
  (Insert the part printed in italic.)

                                 S. 284

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (3) Person.--The term ``person'' means an individual or 
     entity.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

       (a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person the President determines, based on credible evidence--
       (1) is responsible for extrajudicial killings, torture, or 
     other gross violations of internationally recognized human 
     rights committed against individuals in any foreign country 
     who seek--
       (A) to expose illegal activity carried out by government 
     officials; or
       (B) to obtain, exercise, defend, or promote internationally 
     recognized human rights and freedoms, such as the freedoms of 
     religion, expression, association, and assembly, and the 
     rights to a fair trial and democratic elections;
       (2) acted as an agent of or on behalf of a foreign person 
     in a matter relating to an activity described in paragraph 
     (1);
       (3) is a government official, or a senior associate of such 
     an official, that is responsible for, or complicit in, 
     ordering, controlling, or otherwise directing, acts of 
     significant corruption, including the expropriation of 
     private or public assets for personal gain, corruption 
     related to government contracts or the extraction of natural 
     resources, bribery, or the facilitation or transfer of the 
     proceeds of corruption to foreign jurisdictions; or
       (4) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services in support of, an activity described in paragraph 
     (3).
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Inadmissibility to united states.--In the case of a 
     foreign person who is an individual--
       (A) ineligibility to receive a visa to enter the United 
     States or to be admitted to the United States; or
       (B) if the individual has been issued a visa or other 
     documentation, revocation, in accordance with section 221(i) 
     of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of 
     the visa or other documentation.
       (2) Blocking of property.--
       (A) In general.--The blocking, in accordance with the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), of all transactions in all property and interests 
     in property of a foreign person if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (c) Consideration of Certain Information in Imposing 
     Sanctions.--In determining whether to impose sanctions under 
     subsection (a), the President shall consider--
       (1) information provided by the chairperson and ranking 
     member of each of the appropriate congressional committees; 
     and
       (2) credible information obtained by other countries and 
     nongovernmental organizations that monitor violations of 
     human rights.
       (d) Requests by Chairperson and Ranking Member of 
     Appropriate Congressional Committees.--Not later than 120 
     days after receiving a written request from the chairperson 
     and ranking member of one of the appropriate congressional 
     committees with respect to whether a foreign person has 
     engaged in an activity described in subsection (a), the 
     President shall--
       (1) determine if that person has engaged in such an 
     activity; and
       (2) submit a report to the chairperson and ranking member 
     of that committee with respect to that determination that 
     includes--
       (A) a statement of whether or not the President imposed or 
     intends to impose sanctions with respect to the person; and
       (B) if the President imposed or intends to impose 
     sanctions, a description of those sanctions.
       (e) Waiver for National Security Interests.--The President 
     may waive the application of sanctions under this section 
     with respect to a person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) before granting the waiver, submits to the appropriate 
     congressional committees notice of, and a justification for, 
     the waiver.
       (f) Exception To Comply With United Nations Headquarters 
     Agreement.--Sanctions under subsection (b)(1) shall not apply 
     to an individual if admitting the individual into the United 
     States is necessary to permit the United States to comply 
     with the Agreement regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947, between the United Nations and 
     the United States, or other applicable international 
     obligations of the United States.
       (g) Enforcement of Blocking of Property.--A person that 
     violates, attempts to violate, conspires to violate, or 
     causes a violation of subsection (b)(2) or any regulation, 
     license, or order issued to carry out subsection (b)(2) shall 
     be subject to the penalties set forth in subsections (b) and 
     (c) of

[[Page S8836]]

     section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) to the same extent as a person that 
     commits an unlawful act described in subsection (a) of that 
     section.
       (h) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines and reports to the 
     appropriate congressional committees not later than 15 days 
     before the termination of the sanctions that--
       (1) credible information exists that the person did not 
     engage in the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed; or
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activity for which sanctions were imposed, and has 
     credibly committed to not engage in an activity described in 
     subsection (a) in the future.
       (i) Regulatory Authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this section.
       (j) Identification of Sanctionable Foreign Persons.--The 
     Assistant Secretary of State for Democracy, Human Rights, and 
     Labor, in consultation with the Assistant Secretary of State 
     for Consular Affairs and other bureaus of the Department of 
     State, as appropriate, is authorized to submit to the 
     Secretary of State, for review and consideration, the names 
     of foreign persons who may meet the criteria described in 
     subsection (a).

     SEC. 4. REPORTS TO CONGRESS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report that includes--
       (1) a list of each foreign person with respect to which the 
     President imposed sanctions pursuant to section 3 during the 
     year preceding the submission of the report;
       (2) a description of the type of sanctions imposed with 
     respect to each such person;
       (3) the number of foreign persons with respect to which the 
     President--
       (A) imposed sanctions under section 3(a) during that year; 
     and
       (B) terminated sanctions under section 3(h) during that 
     year;
       (4) the dates on which such sanctions were imposed or 
     terminated, as the case may be;
       (5) the reasons for imposing or terminating such sanctions; 
     and
       (6) a description of the efforts of the President to 
     encourage the governments of other countries to impose 
     sanctions that are similar to the sanctions authorized by 
     section 3.
       (b) Form of Report.--
       (1) In general.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Exception.--The name of a foreign person to be included 
     in the list required by subsection (a)(1) may be submitted in 
     the classified annex authorized by paragraph (1) only if the 
     President--
       (A) determines that it is vital for the national security 
     interests of the United States to do so;
       (B) uses the annex in a manner consistent with 
     congressional intent and the purposes of this Act; and
       (C) not later than 15 days before submitting the name in a 
     classified annex, provides to the appropriate congressional 
     committees notice of, and a justification for, including the 
     name in the classified annex despite any publicly available 
     credible information indicating that the person engaged in an 
     activity described in section 3(a).
       (c) Public Availability.--
       (1) In general.--The unclassified portion of the report 
     required by subsection (a) shall be made available to the 
     public, including through publication in the Federal 
     Register.
       (2) Nonapplicability of confidentiality requirement with 
     respect to visa records.--The President shall publish the 
     list required by subsection (a)(1) without regard to the 
     requirements of section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) with respect to 
     confidentiality of records pertaining to the issuance or 
     refusal of visas or permits to enter the United States.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be withdrawn; that the Cardin amendment 
which is at the desk be agreed to; that the bill, as amended, be read a 
third time and passed; and that the motion to reconsider be considered 
made and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was withdrawn.
  The amendment (No. 2937) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 284), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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