,,ii ,calendar ,no4 #ddi #aacth ,,congress #b;d ,session ,s4 #aicc ,report ,no4 #aac-bjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjad,mr4 ,cardin 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,levin1 ,mr4 ,wicker1 ,mr4 ,durbin1 ,mr4 ,blumenthal1 ,mrs4 ,shaheen1 ,mr4 ,markey1 ,mr4 ,rubio1 ,mr4 ,kirk1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,june #bf1 #bjad,reported by ,mr4 ,menendez1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,global ,human ,rights ,accountability ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate4 7#b7 ,financial institution ,the term financial institution has the meaning given that term in section #ecab of title #ca1 ,united ,states ,code4 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,person ,the term person means an individual or entity4 7#e7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #c4 ,identification of foreign persons responsible for gross violations of human rights 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of each foreign person that the ,president determines1 based on credible information-- 7#a7 is responsible for extrajudicial killings1 torture1 or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking-- 7,a7 to expose illegal activity carried out by government officials2 or 7,b7 to obtain1 exercise1 defend1 or promote internationally recognized human rights and freedoms1 such as the freedoms of religion1 expression1 association1 and assembly1 and the rights to a fair trial and democratic elections2 or 7#b7 acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph 7#a74 7b7 ,updates ,the ,president shall submit to the appropriate congressional committees an update of the list required by subsection 7a7 as new information becomes available4 7c7 ,form 7#a7 ,in general ,the list required by subsection 7a7 shall be submitted in unclassified form4 7#b7 ,exception ,the name of a foreign person to be included in the list required by subsection 7a7 may be submitted in a classified annex only if the ,president-- 7,a7 determines that it is vital for the national security interests of the ,united ,states to do so2 7,b7 uses the annex in a manner consistent with congressional intent and the purposes of this ,act2 and 7,c7 not later than #ae days before submitting the name in a classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph 7#a7 or 7#b7 of subsection 7a74 7#c7 ,consideration of certain information ,in preparing the list required by subsection 7a71 the ,president shall consider-- 7,a7 information provided by the chairperson and ranking member of each of the appropriate congressional committees2 and 7,b7 credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights4 7#d7 ,public availability ,the unclassified portion of the list required by subsection 7a7 shall be made available to the public and published in the ,federal ,register4 7d7 ,removal from list ,a foreign person may be removed from the list required by subsection 7a7 if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the removal of the person from the list that-- 7#a7 credible information exists that the person did not engage in the activity for which the person was added to the list2 7#b7 the person has been prosecuted appropriately for the activity in which the person engaged2 or 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activities in which the person engaged1 and has credibly committed to not engage in an activity described in paragraph 7#a7 or 7#b7 of subsection 7a74 7e7 ,requests by ,chairperson and ,ranking ,member of ,appropriate ,congressional ,committees 7#a7 ,in general ,not later than #abj 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 meets the criteria for being added to the list required by subsection 7a71 the ,president shall submit a response to that chairperson and ranking member of the committee with respect to the status of the person4 7#b7 ,form ,the ,president may submit a response required by paragraph 7#a7 in classified form if the ,president determines that it is necessary for the national security interests of the ,united ,states to do so4 7#c7 ,removal 7,a7 ,in general ,if the ,president removes from the list required by subsection 7a7 a foreign person that has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees1 the ,president shall provide the chairperson and ranking member with any information that contributed to the removal decision4 7,b7 ,form of information ,the ,president may submit the information requested by subparagraph 7,a7 in classified form if the ,president determines that it is necessary to the national security interests of the ,united ,states to do so4 7f7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the list required by subsection 7a7 without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states4 #d4 ,inadmissibility of certain individuals 7a7 ,ineligibility for visas ,an individual who is a foreign person on the list required by section #c7;a7 is ineligible to receive a visa to enter the ,united ,states and ineligible to be admitted to the ,united ,states4 7b7 ,current visas revoked ,the ,secretary of ,state shall revoke1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection 7a74 7c7 ,waiver for national security interests 7#a7 ,in general ,the ,secretary of ,state may waive the application of subsection 7a7 or 7b7 in the case of an individual if-- 7,a7 the ,secretary determines that such a waiver-- 7i7 is necessary 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 or other applicable international obligations of the ,united ,states2 or 7ii7 is in the national security interests of the ,united ,states2 and 7,b7 before granting the waiver1 the ,secretary provides to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7#b7 ,timing for notice of certain waivers ,in the case of a waiver under subparagraph 7,a77ii7 of paragraph 7#a71 the ,secretary shall submit the notice required by subparagraph 7,b7 of that paragraph not later than #ae days before granting the waiver4 7d7 ,regulatory authority ,the ,secretary of ,state shall prescribe such regulations as are necessary to carry out this section4 #e4 ,financial measures 7a7 ,freezing of assets 7#a7 ,in general ,the ,president shall exercise all powers granted by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a foreign person on the list required by section #c7;a7 of this ,act if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,exception ,paragraph 7#a7 shall not apply to foreign persons included on the classified annex under section #c7;c77#b7 if the ,president determines that such an exception is vital to the national security interests of the ,united ,states4 7b7 ,waiver for national security interests ,the ,secretary of the ,treasury may waive the application of subsection 7a7 if the ,secretary-- 7#a7 determines that such a waiver is in the national security interests of the ,united ,states2 and 7#b7 not later than #ae days before granting the waiver1 provides to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7c7 ,enforcement 7#a7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#b7 ,requirements for financial institutions ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall prescribe regulations requiring each financial institution that is a ,united ,states person and has within its possession or control assets that are property or interests in property of a foreign person on the list required by section #c7;a7 to certify to the ,secretary that1 to the best of the knowledge of the financial institution1 the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection 7a74 7d7 ,regulatory authority ,the ,secretary of the ,treasury shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 #f4 ,report to ,congress ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state and the ,secretary of the ,treasury shall each submit to the appropriate congressional committees a report on-- 7#a7 the actions taken to carry out this ,act1 including-- 7,a7 the number of foreign persons added to or removed from the list required by section #c7;a7 during the year preceding the report1 the dates on which those persons were added or removed1 and the reasons for adding or removing those persons2 and 7,b7 if few or no persons have been added to that list during that year1 the reasons for not adding more persons to the list2 and 7#b7 efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this ,act4 #a4 ,short title ,this ,act may be cited as the ,global ,magnitsky ,human ,rights ,accountability ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,financial ,services and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,person ,the term person means an individual or entity4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #c4 ,authorization of imposition of sanctions 7a7 ,in general ,the ,president may impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines1 based on credible evidence-- 7#a7 is responsible for extrajudicial killings1 torture1 or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek-- 7,a7 to expose illegal activity carried out by government officials2 or 7,b7 to obtain1 exercise1 defend1 or promote internationally recognized human rights and freedoms1 such as the freedoms of religion1 expression1 association1 and assembly1 and the rights to a fair trial and democratic elections2 7#b7 acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph 7#a72 7#c7 is a government official1 or a senior associate of such an official1 that is responsible for1 or complicit in1 ordering1 controlling1 or otherwise directing1 acts of significant corruption1 including the expropriation of private or public assets for personal gain1 corruption related to government contracts or the extraction of natural resources1 bribery1 or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions2 or 7#d7 has materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services in support of1 an activity described in paragraph 7#c74 7b7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,inadmissibility to ,united ,states ,in the case of a foreign person who is an individual-- 7,a7 ineligibility to receive a visa to enter the ,united ,states or to be admitted to the ,united ,states2 or 7,b7 if the individual has been issued a visa or other documentation1 revocation1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of the visa or other documentation4 7#b7 ,blocking of property 7,a7 ,in general ,the blocking1 in accordance with the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this section4 7c7 ,consideration of certain information in imposing sanctions ,in determining whether to impose sanctions under subsection 7a71 the ,president shall consider-- 7#a7 information provided by the chairperson and ranking member of each of the appropriate congressional committees2 and 7#b7 credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights4 7d7 ,requests by chairperson and ranking member of appropriate congressional committees ,not later than #abj 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 7a71 the ,president shall-- 7#a7 determine if that person has engaged in such an activity2 and 7#b7 submit a report to the chairperson and ranking member of that committee with respect to that determination that includes-- 7,a7 a statement of whether or not the ,president imposed or intends to impose sanctions with respect to the person2 and 7,b7 if the ,president imposed or intends to impose sanctions1 a description of those sanctions4 7e7 ,waiver for national security interests ,the ,president may waive the application of sanctions under this section with respect to a person if the ,president-- 7#a7 determines that such a waiver is in the national security interests of the ,united ,states2 and 7#b7 before granting the waiver1 submits to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7f7 ,exception to comply with ,united ,nations ,headquarters ,agreement ,sanctions under subsection 7b77#a7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7g7 ,enforcement of blocking of property ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#b7 or any regulation1 license1 or order issued to carry out subsection 7b77#b7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7h7 ,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 #ae days before the termination of the sanctions that-- 7#a7 credible information exists that the person did not engage in the activity for which sanctions were imposed2 7#b7 the person has been prosecuted appropriately for the activity for which sanctions were imposed2 or 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activity for which sanctions were imposed1 and has credibly committed to not engage in an activity described in subsection 7a7 in the future4 7i7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 #d4 ,reports to ,congress 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report that includes-- 7#a7 a list of each foreign person with respect to which the ,president imposed sanctions pursuant to section #c during the year preceding the submission of the report2 7#b7 a description of the type of sanctions imposed with respect to each such person2 7#c7 the number of foreign persons with respect to which the ,president-- 7,a7 imposed sanctions under section #c7;a7 during that year2 and 7,b7 terminated sanctions under section #c7;h7 during that year2 7#d7 the dates on which such sanctions were imposed or terminated1 as the case may be2 7#e7 the reasons for imposing or terminating such sanctions2 and 7#f7 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 #c4 7b7 ,form of report 7#a7 ,in general ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7#b7 ,exception ,the name of a foreign person to be included in the list required by subsection 7a77#a7 may be submitted in the classified annex authorized by paragraph 7#a7 only if the ,president-- 7,a7 determines that it is vital for the national security interests of the ,united ,states to do so2 7,b7 uses the annex in a manner consistent with congressional intent and the purposes of this ,act2 and 7,c7 not later than #ae days before submitting the name in a classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section #c7;a74 7c7 ,public availability 7#a7 ,in general ,the unclassified portion of the report required by subsection 7a7 shall be made available to the public1 including through publication in the ,federal ,register4 7#b7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the list required by subsection 7a77#a7 without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states4 ,june #bf1 #bjad,reported with an amendment