[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.