[Senate Report 113-203]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 449
113th Congress                                                   Report
                                 SENATE
 2nd Session                                                    113-203

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          THE MAGNITSKY GLOBAL HUMAN RIGHTS ACCOUNTABILITY ACT

                                _______
                                

                 June 26, 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. 1933]

    The Committee on Foreign Relations, to which was referred 
the bill S. 1933, to impose sanctions with respect to foreign 
persons responsible for gross violations of internationally 
recognized human rights, and for other purposes, reports 
favorably thereon with an amendment 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..................................3
 VI. Changes in Existing Law..........................................3

                               I. PURPOSE

    The purpose of S. 1933 is to authorize the imposition of 
sanctions on foreign persons responsible for gross violations 
of internationally recognized human rights and significant 
corruption, and for other purposes. S. 1933, as amended, 
authorizes the President to impose sanctions on foreign persons 
the President determines (1) are responsible for certain human-
rights related offenses against individuals seeking to expose 
illegal activity by government officials or those seeking to 
obtain, exercise, defend, or promote internationally recognized 
human rights, as well as those that act on behalf of such 
persons; or (2) are governmental officials or senior associates 
of such officials involved in significant corruption, as well 
as those that materially support and assist such persons. In 
addition, S. 1933, as amended, directs the President to provide 
information, upon a request from Congress, on whether a foreign 
person has engaged in particular activities and to report 
annually to Congress regarding certain actions taken pursuant 
to the Act.

                          II. COMMITTEE ACTION

    S. 1933 was introduced on January 15, 2014, by Senator 
Cardin and co-sponsored by Senators McCain, Levin, Wicker, 
Durbin, Blumenthal, Shaheen, and Markey. On June 24, 2014, the 
committee considered S. 1933 and reported it favorably, with an 
amendment. Senator Corker asked to be recorded as voting no.
    The committee took the following action with regard to 
amendments:
    An amendment offered by Senators Cardin and McCain as a 
substitute for the original bill was approved by voice vote. An 
amendment offered by Senator Paul to cease foreign assistance 
to governments of countries that the President determines 
enforces a death sentence or life imprisonment on the basis of 
anti-apostasy laws, anti-blasphemy laws, or laws prohibiting 
marriage between individuals of different religious faiths, 
failed by a roll call vote of 2-16, with Senators Paul and 
Rubio voting in favor, and Senators Menendez, Boxer, Cardin, 
Shaheen, Durbin, Coons, Udall, Kaine, Murphy, Markey, Corker, 
Risch, Johnson, Flake, McCain, and Barrasso opposed.

                            III. DISCUSSION

    A section-by-section discussion of S. 1933, as amended, 
follows.

Section 3

    Section 1 names the bill.

Section 2

    Section 2 provides definitions.

Section 3

    Section 3 permits the President to impose sanctions with 
respect to any foreign person the President determines is 
responsible for extrajudicial killings, torture, or other gross 
violations of internationally recognized human rights committed 
against individuals in any foreign country; who acted as an 
agent of or on behalf of a foreign person in a matter relating 
to an activity mentioned above; who 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 who has 
materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in 
support of, an activity described above.
    This section also explains the types of sanctions that 
could be applied, including inadmissibility to the United 
States and blocking of property. In determining whether to 
impose sanctions, the President should consider information 
provided by the chairperson and ranking member of each of the 
appropriate congressional committees and credible information 
provided by others. In addition, the President is directed to 
respond within 120 days of receiving requests by the 
Chairperson and Ranking Member of Appropriate Congressional 
Committees regarding whether an individual has engaged in 
activity described in section 3. The President may waive the 
application of sanctions under this section if the President 
determines that such a waiver is in the national security 
interests of the United States and submits to the appropriate 
congressional committees notice of the waiver. This section 
also explains that a person that violates, attempts to violate, 
conspires to violate, or causes a violation of blocking of 
property shall be subject to the penalties set forth in the 
International Emergency Economic Powers. In addition, this 
section describes the terms in which the President may 
terminate sanctions. Finally, this section provides the 
President with the regulatory authority to carry out this 
section.

Section 4

    Section 4 requires a report to Congress 120 days after the 
date of the enactment of the Act and annually thereafter. The 
report is to include a list of each foreign person with respect 
to which President imposed sanctions, a description of the type 
of sanction imposed with respect to each person, the number of 
foreign persons the President imposed sanctions and terminated 
sanction, the dates and reasons on which the sanctions were 
imposed or terminated, and a description of the efforts of the 
President to encourage the governments of other countries to 
impose similar sanctions. This section also explains the form 
of the report to be submitted in unclassified form, but may 
include a classified annex. However, the President may include 
a separate classified annex with the name of the foreign 
persons to be sanctioned if the President determines it is 
vital for the national security interests of the U.S., uses the 
annex in a manner consistent with congressional intent and 
purposes of this Act, and provides Congress--not later than 15 
days before submitting the name in a classified form. In 
addition, this section explains that the unclassified portion 
of the report shall be made available to the public and the 
confidentiality requirements with respect to visa records will 
not be applicable.

                           IV. COST ESTIMATE

    In accordance with Rule XXVI, paragraph 11(a) of the 
Standing Rules of the Senate, the committee provides this 
estimate of the costs of this legislation prepared by the 
Congressional Budget Office.


                   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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