[Senate Report 113-175]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 401
113th Congress                                                   Report
                                 SENATE
 2nd Session                                                    113-175

======================================================================



 
  THE VENEZUELA DEFENSE OF HUMAN RIGHTS AND CIVIL SOCIETY ACT OF 2014

                                _______
                                

                  May 22, 2014.--Ordered to be printed

         Mr. Menendez, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                         [To accompany S. 2142]

    The Committee on Foreign Relations, to which was referred 
the 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, having considered the same, 
reports favorably thereon, with amendments, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Committee Action.................................................2
III. Discussion.......................................................2
 IV. Cost Estimate....................................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Changes in Existing Law..........................................4

                               I. PURPOSE

    The purpose of S. 2142 is to outline a framework for 
responding to the acts of violence committed by members of 
Venezuela's state security forces and intelligence services, 
and the use of the Venezuelan justice system for the purposes 
of political persecution against the country's citizens. S. 
2142 directs the President to apply targeted sanctions against 
those individuals, including members of the government, public 
security forces, and armed civilian groups, who have 
perpetrated, ordered or directed acts of violence or human 
rights abuses in Venezuela against antigovernment protestors, 
or have directed or ordered the arrest or prosecution of a 
person primarily because of the person's legitimate exercise of 
freedom of expression or assembly. Additionally, S. 2142 
authorizes $15 million in funding to help strengthen Venezuelan 
civil society by supporting the defense of internationally 
recognized human rights, the promotion of efforts by 
independent media outlets to broadcast and distribute objective 
news and content, the expansion of unrestricted internet 
access, and the strengthening of government transparency and 
accountability. S.2142 also calls for a report on obstacles to 
access objective media content in Venezuela, current efforts by 
the United States Government to address these challenges, and a 
strategy for expanding existing programs.

                          II. COMMITTEE ACTION

    S. 2142 was introduced on March 13, 2014, by Senator 
Menendez and co-sponsored by Senators Rubio, Nelson, Kirk, and 
McCain. On May 20, 2014, the committee considered S. 2142 and 
ordered it reported favorably by voice vote, with amendments. 
Senators Corker and Udall asked to be recorded as voting no.

                            III. DISCUSSION

    A section-by-section discussion of the legislation follows:

Section 1

    Section 1 names the bill.

Section 2

    Section 2 presents key findings regarding Venezuela's 
growing economic crisis, alarming levels of criminal violence, 
and the erosion of democratic governance, freedom of 
expression, and freedom of the press.

Section 3

    Section 3 states that it is the sense of the Congress that 
the United States seeks a mutually beneficial relationship with 
Venezuela based on respect for human rights and the rule of 
law, and a productive relationship on public security issues 
such as counternarcotics and counterterrorism, and that the 
U.S. supports the Venezuelan people in their efforts to realize 
their economic potential and to advance representative 
democracy, human rights, and the rule of law. The section goes 
on to hold the Government of Venezuela responsible for the 
chronic mismanagement of its economy, the levels of criminal 
violence in the country, and the undermining of democratic 
governance, and states that it was these crisis conditions that 
prompted the demonstrations taking place throughout Venezuela. 
The section concludes by expressing the view that the repeated 
use of violence perpetrated by Venezuela's government, as well 
as persons acting on their behalf, against government 
protestors is intolerable, and that the use of unprovoked 
violence by the protestors is also a matter of very serious 
concern.

Section 4

    Section 4 sets forth the policy of the United States 
towards Venezuela, which is to support the democratic 
aspirations of the Venezuelan people as defined under the 
Inter-American Democratic Charter, to work in concert with the 
members of the Organization of American States and the European 
Union to ensure the immediate end of violence against 
protesters and a peaceful resolution of the current crisis, and 
to hold accountable government and security officials either 
responsible for or complicit in the use of force against 
antigovernment protestors.

Section 5

    Section 5 requires the President to impose sanctions on 
persons, including current and former officials of the 
Government of Venezuela, that he determines have perpetrated, 
ordered or directed acts of violence or human rights abuses in 
Venezuela against antigovernment protestors, or have directed 
or ordered the arrest or prosecution of a person primarily 
because of the person's legitimate exercise of freedom of 
expression or assembly. Sanctions are also to be imposed upon 
those who materially assisted, sponsored or supported those who 
carried out the above activities. The sanctions to be imposed 
include asset blocking, or using all powers granted to the 
President by the International Emergency Economic Powers Act to 
block and prohibit all transactions in property in the United 
States, or in the possession and control of a U.S person, and 
the denial and revocation of visas and other documents in 
accordance with the Immigration and Nationality Act. Sanctions 
may be waived if the President determines that a waiver is in 
the interest of national security, or submits to the relevant 
congressional committees notice and justification for the 
waiver.

Section 6

    Section 6 authorizes $15 million in Fiscal Year 2015 for 
the purposes of defending human rights, building the capacity 
of democratic civil society, supporting independent media 
outlets and unrestricted access to the internet, improving 
government transparency and accountability, assisting civil 
society activists, journalists and protesters that have been 
targeted for their activities, and providing support for 
democratic organizing and election monitoring. Following 
enactment, the President has 60 days to submit a strategy for 
implementing these activities to the relevant committees in the 
Senate and the House of Representatives.

Section 7

    Section 7 requires, within 30 days of enactment, that the 
Chairman of the Broadcasting Board of Governors submit to 
Congress a report that includes an evaluation of the 
governmental, political, and technological obstacles faced by 
the Venezuelan people in their efforts to obtain accurate and 
objective news, an assessment of current efforts relating to 
broadcasting, information distribution, and circumvention 
technology distribution in Venezuela, by the United States 
Government, and a strategy for expanding such efforts in 
Venezuela.

                           IV. COST ESTIMATE

    In accordance with Rule XXVI, paragraph 11(a) of the 
Standing Rules of the Senate, the committee notes that the cost 
estimate provided by the Congressional Budget Office was not 
available for inclusion in this report. The estimate will be 
printed in either a supplemental report or the Congressional 
Record when it is available.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this legislation.

                      VI. CHANGES IN EXISTING LAW

    In compliance with Rule XXVI, paragraph 12 of the Standing 
Rules of the Senate, the committee has determined that there is 
no change to existing law made by the bill, as reported.

                                  
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