,i #aacth ,,congress #ast ,session ,h4 ,r4 #afhg ,,in ,,the ,,house ,,of ,,representatives ,april #bc1 #bjac ,ms4 ,ros-,lehtinen 7for herself and ,mr4 ,sires7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,financial ,services1 ,ways and ,means1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the imposition of sanctions with respect to foreign persons responsible for or complicit in ordering1 controlling1 or otherwise directing1 the commission of serious human rights abuses against citizens of ,,alba countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,countering ,,alba ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,,alba countries ,the term ,,alba countries means ,venezuela1 ,nicaragua1 ,bolivia1 and ,ecuador4 7#c7 ,,alba ,governments ,the term ,,alba ,governments means the ,governments of ,venezuela1 ,nicaragua1 ,bolivia1 and ,ecuador4 7#d7 ,human rights ,the term human rights has the meaning given such term in the ,inter-,american ,democratic ,charter4 7#e7 ,sensitive technology 7,a7 ,in general ,the term sensitive technology means hardware1 software1 telecommunications equipment1 or any other technology that the ,president determines is to be used specifically to-- 7i7 restrict the free flow of unbiased information2 or 7ii7 disrupt1 monitor1 or otherwise restrict freedom of speech4 7,b7 ,exception ,the term sensitive technology does not include information or informational materials the exportation of which the ,president does not have the authority to regulate4 #c4 ,findings ,congress finds the following3 7#a7 ,the #bjjd ,venezuelan ,law on ,social ,responsibility of ,radio and ,television gives the government the authority to control radio and television content4 7#b7 ,according to the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices for #bjab for ,venezuela1 ,the following human rights problems were reported by nongovernmental organizations 7,n,g,os71 the media1 and in some cases the government itself3 unlawful killings1 including summary killings by rogue police elements2 torture and other cruel1 inhuman1 or degrading treatment2 inadequate juvenile detention centers2 arbitrary arrests and detentions2 corruption and impunity in police forces2 political prisoners2 interference with privacy rights2 corruption at all levels of government2 threats against domestic ,n,g,os2 violence against women2 anti-,semitism in the official media2 trafficking in persons2 violence based on sexual orientation and gender identity2 and restrictions on workers' right of association44 7#c7 ,in ,december #bjaj1 the ,venezuelan ,congress passed the ,law on ,political ,sovereignty and ,national ,self-,determination1 which threatens sanctions against any political organization that receives foreign funding or hosts foreign visitors who criticize the government4 7#d7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,venezuela1 ,politicization of the judicial branch has increased under ,chvez1 and high courts generally do not rule against the government44 7#e7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjab for ,venezuela1 ,the principal human rights abuses reported during the year included corruption1 inefficiency1 and politicization in the judicial system2 government actions to impede freedom of expression2 and harsh and life-threatening prison conditions4 ,the government harassed and intimidated privately owned television stations1 other media outlets1 and journalists throughout the year1 using threats1 fines1 property seizures1 targeted regulations1 and criminal investigations and prosecutions4 ,the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation4 ,the government used the judiciary to intimidate and selectively prosecute political1 union1 business1 and civil society leaders who were critical of government policies or actions4 ,failure to provide for due process rights1 physical safety1 and humane conditions for inmates contributed to widespread violence1 riots1 injuries1 and deaths in prisons44 7#f7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,nicaragua1 ,the press has faced increased political and judicial harassment since #bjjg1 as the ,ortega administration engages in systematic efforts to obstruct and discredit media critics4 ,journalists have received death threats1 and some have been killed in recent years1 with a number of attacks attributed to ,,fsln sympathizers44 7#g7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,nicaragua1 ,nicaragua's political rights rating declined from #d to #e due to shortcomings regarding the constitutionality of ,daniel ,ortega's presidential candidacy1 reported irregularities1 and the absence of transparency throughout the electoral process1 and the ,supreme electoral ,tribunal's apparent lack of neutrality44 7#h7 ,according to the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices for #bjab for ,nicaragua1 ,the principal human rights abuses were restrictions on citizens' right to vote1 including significantly biased policies to promote single party dominance1 and withholding of accreditation from election-monitoring nongovernmental organizations 7,n,g,os72 widespread corruption1 including in the police1 ,,cse1 ,supreme ,court of ,justice 7,,csj71 and other government organs2 and societal violence1 particularly against women and lesbian1 gay1 bisexual1 and transgender 7,,lgbt7 persons4 ,additional significant human rights abuses included police abuse of suspects during arrest and detention2 harsh and life-threatening prison conditions2 arbitrary and lengthy pretrial detention2 erosion of freedom of speech and press1 including government intimidation and harassment of journalists and independent media2 government harassment and intimidation of ,n,g,os2 trafficking in persons2 discrimination against ethnic minorities and indigenous persons and communities2 societal discrimination against persons with disabilities2 discrimination against persons with ,,hiv_/,,aids2 and violations of trade union rights44 7#i7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,ecuador1 ,in ,february #bjaa1 ,guayaquil's leading newspaper1 ,el ,universo1 published an opinion column suggesting that ,correa could be held accountable in the future for the use of lethal force during the rescue operation4 ,in response1 ,correa lodged a lawsuit against the author and the owners of the newspaper4 ,all four defendants were found guilty of aggravated defamation and sentenced in ,july to three-year prison sentences and an unprecedented fine of #dj million4 ,international human rights and press freedom organizations1 along with the ,organization of ,american ,states 7,,oas7 and the ,united ,nations1 denounced the court decision as a clear effort to intimidate the press44 7#aj7 ,freedom ,house gave ,ecuador a downward trend arrow in #bjab due to the government's intensified campaign against opposition leaders and intimidation of journalists1 its excessive use of public resources to influence a national referendum1 and the unconstitutional restructuring of the judiciary44 7#aa7 ,according to the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices for #bjab for ,ecuador1 ,the main human rights abuses were the use of excessive force by public security forces1 restrictions on freedom of speech1 press1 and association2 and corruption by officials4 ,president ,correa and his administration continued verbal and legal attacks against the media and used legal mechanisms such as libel laws and administrative regulations to suppress freedom of the press4 ,corruption was widespread1 and questions continued regarding transparency within the judicial sector1 despite attempts at procedural reform4 ,the following human rights problems continued3 isolated unlawful killings1 poor prison conditions1 arbitrary arrest and detention1 abuses by security forces1 a high number of pretrial detainees1 and delays and denial of due process within the judicial system4 ,societal problems continued1 including physical aggression against journalists2 violence against women2 discrimination against women1 indigenous persons1 ,afro-,ecuadorians1 and persons based on their sexual orientation2 trafficking in persons and exploitation of minors2 and child labor44 7#ab7 ,according to the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices for #bjab for ,bolivia1 ,the most serious human rights problems included arbitrary arrest or detention1 denial of a fair and timely public trial1 and violence against women4 ,additional human rights problems included harsh prison conditions1 restrictions on freedom of speech and press1 official corruption in the judiciary and elsewhere1 lack of government transparency1 trafficking in persons1 and vigilante justice4 ,societal discrimination continued against women2 members of racial and ethnic minority groups2 indigenous persons2 individuals with disabilities2 lesbian1 gay1 bisexual and transgender 7,,lgbt7 persons2 and those with ,,hiv_/,,aids44 7#ac7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,bolivia1 ,corruption remains a major problem in ,bolivia1 affecting a range of government entities and economic sectors1 including extractive industries44 7#ad7 ,according to ,freedom ,house's ,freedom in the ,world ,report of #bjab on ,bolivia1 ,in ,july #bjaa1 ,morales signed a new telecommunications law requiring that state-run media control #cc percent of all broadcast licenses4 ,press freedom advocates welcomed the idea of expanding media access to new groups1 but expressed fears that local and indigenous outlets would lack the financial resources to operate independently and could fall under government control4 ,the law also allows the government to access any private communication1 including e-mail and telephone calls1 for reasons of national security or any other emergency44 7#ae7 ,mr4 ,jacob ,ostreicher1 who has been detained in the notorious ,palmasola prison in ,santa ,cruz de la ,sierra1 ,bolivia1 since ,june #d1 #bjaa1 is one of the ,united ,states citizens who currently is enduring multiple1 egregious1 and continuous violations of his fundamental due process and human rights under both local and international law4 #d4 ,actions at the ,organization of ,american ,states ,the ,secretary of ,state shall direct the ,united ,states ,permanent ,representative to the ,organization of ,american ,states to use the voice1 vote1 and influence of the ,united ,states at the ,organization of ,american ,states to defend1 protect1 and strengthen the independent ,inter-,american ,commission on ,human ,rights to advance the protection of human rights throughout the ,western ,hemisphere4 #e4 ,imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of ,,alba countries or their family members after ,february #b1 #aiii 7a7 ,in general ,the ,president shall impose sanctions described in subsection 7c7 with respect to each person on the list required by subsection 7b74 7b7 ,list of persons who are responsible for or complicit in certain human rights abuses 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a list of persons who are officials of ,,alba ,governments or persons acting on behalf of ,,alba ,governments1 who the ,president determines1 based on credible evidence1 are responsible for or complicit in1 or responsible for ordering1 controlling1 or otherwise directing1 the commission of serious human rights abuses against citizens of ,,alba countries or their family members on or after ,february #b1 #aiii4 7#b7 ,updates of list ,the ,president shall transmit to the appropriate congressional committees an updated list under paragraph 7#a7-- 7,a7 not later than #ahj days after the date of the enactment of this ,act2 and 7,b7 as new information becomes available4 7#c7 ,public availability ,the list required under paragraph 7#a7 shall be made available to the public and posted on the ,web sites of the ,department of the ,treasury and the ,department of ,state4 7#d7 ,consideration of data from other countries and nongovernmental organizations ,in preparing the list required under paragraph 7#a71 the ,president may consider credible data already obtained by other countries and nongovernmental organizations1 including organizations in ,,alba countries1 that monitor the human rights abuses of ,,alba ,governments4 7c7 ,sanctions described ,the sanctions described in this subsection are ineligibility for a visa to enter the ,united ,states and sanctions pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property1 subject to such regulations as the ,president may prescribe1 including regulatory exceptions to permit the ,united ,states to comply with the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 and other applicable international obligations4 7d7 ,termination of sanctions ,the provisions of this section shall terminate on the date on which the ,president determines and certifies to the appropriate congressional committees that the ,,alba ,governments have-- 7#a7 unconditionally released all political prisoners2 7#b7 ceased violence1 unlawful detention1 torture1 and abuse of its citizens2 7#c7 conducted a transparent investigation into the killings1 arrests1 and abuse of peaceful political activists and prosecuted the individuals responsible for such killings1 arrests1 and abuse2 and 7#d7 made public commitments to1 and is making demonstrable progress toward-- 7,a7 establishing an independent judiciary2 and 7,b7 respecting the human rights and basic freedoms recognized in the ,universal ,declaration of ,human ,rights4 #f4 ,imposition of sanctions with respect to the transfer of goods or technologies to ,,alba countries that are likely to be used to commit human rights abuses 7a7 ,in general ,the ,president shall impose sanctions described in section #e7;c7 with respect to each person on the list required under subsection 7b7 of this section4 7b7 ,list 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a list of persons who the ,president determines have knowingly engaged in an activity described in paragraph 7#b7 on or after such date of enactment4 7#b7 ,activity described 7,a7 ,in general ,a person engages in an activity described in this paragraph if the person-- 7i7 transfers1 or facilitates the transfer of1 goods or technologies described in subparagraph 7,c7 to ,,alba countries1 any entity organized under the laws of ,,alba countries1 or any national of ,,alba countries1 for use in or with respect to ,,alba countries2 or 7ii7 provides services 7including services relating to hardware1 software1 and specialized information1 and professional consulting1 engineering1 and support services7 with respect to goods or technologies described in subparagraph 7,c7 after such goods or technologies are transferred to ,,alba countries4 7,b7 ,applicability to contracts and other agreements ,a person engages in an activity described in subparagraph 7,a7 without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before1 on1 or after the date of the enactment of this ,act4 7,c7 ,goods or technologies described ,goods or technologies described in this subparagraph are goods or technologies that the ,president determines are likely to be used by ,,alba ,governments or any of the agencies or instrumentalities of ,,alba ,governments 7or by any other person on behalf of ,,alba ,governments or any of such agencies or instrumentalities7 to commit serious human rights abuses against the people of ,,alba countries1 including-- 7i7 firearms or ammunition 7as such terms are defined in section #iba of title #ah1 ,united ,states ,code71 rubber bullets1 police batons1 pepper or chemical sprays1 stun grenades1 electroshock weapons1 tear gas1 water cannons1 or surveillance technology2 or 7ii7 sensitive technology4 7#c7 ,special rule to allow for termination of sanctionable activity ,the ,president shall not be required to include a person on the list required under paragraph 7#a7 if the ,president certifies in writing to the appropriate congressional committees that-- 7,a7 the person is no longer engaging in1 or has taken significant verifiable steps toward stopping1 the activity described in paragraph 7#b7 for which the ,president would otherwise have included the person on the list2 and 7,b7 the ,president has received reliable assurances that such person will not knowingly engage in any activity described in such paragraph 7#b7 in the future4 7#d7 ,updates of list ,the ,president shall transmit to the appropriate congressional committees an updated list under paragraph 7#a7-- 7,a7 not later than #ahj days after the date of the enactment of this ,act2 and 7,b7 as new information becomes available4 7#e7 ,form of list2 ,public availability 7,a7 ,form ,the list required under paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7,b7 ,public availability ,the unclassified portion of the list required under paragraph 7#a7 shall be made available to the public and posted on the ,web sites of the ,department of the ,treasury and the ,department of ,state4 #g4 ,imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of ,,alba countries 7a7 ,in general ,the ,president shall impose sanctions described in section #e7;c7 with respect to each person on the list required under subsection 7b7 of this section4 7b7 ,list of persons who engage in censorship 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a list of persons who the ,president determines have1 on or after ,february #b1 #aiii1 engaged in censorship or other activities with respect to ,,alba countries that-- 7,a7 prohibit1 limit1 or penalize the exercise of freedom of expression or assembly by citizens of ,,alba countries2 or 7,b7 limit access to print or broadcast media1 including the facilitation or support of intentional frequency manipulation by the ,,alba ,governments or an entity owned or controlled by ,,alba ,governments that would jam or restrict an international signal4 7#b7 ,updates of list ,the ,president shall transmit to the appropriate congressional committees an updated list under paragraph 7#a7-- 7,a7 not later than #ahj days after the date of the enactment of this ,act2 and 7,b7 as new information becomes available4 7#c7 ,form of list2 ,public availability 7,a7 ,form ,the list required under paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7,b7 ,public availability ,the unclassified portion of the list required under paragraph 7#a7 shall be made available to the public and posted on the ,web sites of the ,department of the ,treasury and the ,department of ,state4 #h4 ,comprehensive strategy to promote ,internet freedom and access to information ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury and the heads of other ,federal departments and agencies1 as appropriate1 shall submit to the appropriate congressional committees a comprehensive strategy to-- 7#a7 assist the people of ,,alba countries to produce1 access1 and share information freely and safely via the ,internet2 7#b7 increase the capabilities and availability of secure mobile and other communications through connective technology among human rights and democracy activists in ,,alba countries2 7#c7 provide resources for digital safety training for media and academic and civil society organizations in ,,alba countries2 7#d7 increase emergency resources for the most vulnerable human rights advocates seeking to organize1 share information1 and support human rights in ,,alba countries2 7#e7 expand surrogate radio1 television1 live stream1 and social network communications inside ,,alba countries2 7#f7 expand activities to safely assist and train human rights1 civil society1 and democracy activists in ,,alba countries to operate effectively and securely2 7#g7 expand access to proxy servers for democracy activists in ,,alba countries2 and 7#h7 discourage telecommunications and software companies from facilitating ,internet censorship by ,,alba ,governments4 #i4 ,comprehensive strategy to ensure that ,,alba ,governments are democratic governments ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a comprehensive strategy to ensure that ,,alba ,governments are democratic governments that-- 7#a7 result from free and fair elections-- 7,a7 conducted under the supervision of internationally recognized observers2 and 7,b7 in which-- 7i7 opposition parties were permitted ample time to organize and campaign for such elections2 and 7ii7 all candidates were permitted full access to the media2 7#b7 are showing respect for the basic civil liberties and human rights of the citizens of ,,alba countries2 7#c7 are substantially moving toward a market-oriented economic systems based on the right to own and enjoy property2 7#d7 are committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of ,,alba countries2 and 7#e7 have made demonstrable progress in establishing independent judiciaries and electoral councils4 #aj4 ,statement of policy on political prisoners ,it shall be the policy of the ,united ,states-- 7#a7 to support efforts to research and identify prisoners of conscience and cases of human rights abuses in ,,alba countries2 7#b7 to offer refugee status or political asylum in the ,united ,states to political dissidents in ,,alba countries if requested and consistent with the laws and national security interests of the ,united ,states2 7#c7 to offer to assist1 through the ,united ,nations ,high ,commissioner for ,refugees1 with the relocation of such political prisoners to other countries if requested1 as appropriate and with appropriate consideration for the national security interests of the ,united ,states2 and 7#d7 to publicly call for the release of ,,alba country dissidents by name and raise awareness with respect to individual cases of ,,alba country dissidents and prisoners of conscience1 as appropriate and if requested by the dissidents or prisoners themselves or their families4