,,ii #aagth ,,congress #ast ,session ,s4 #chh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bc1 #bjba,mr4 ,merkley 7for himself1 ,mr4 ,leahy1 ,mr4 ,durbin1 ,mr4 ,markey1 ,mr4 ,sanders1 ,ms4 ,warren1 ,mr4 ,whitehouse1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to suspend certain ,united ,states assistance for the ,government of ,honduras until corruption1 impunity1 and human rights violations are no longer systemic1 and the perpetrators of these crimes are being brought to justice4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,honduras ,human ,rights and ,anti-,corruption ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,police or military of the ,republic of ,honduras defined4,sec4 #c4 ,findings4,sec4 #d4 ,sense of ,congress4,sec4 #e4 ,office of the ,united ,nations ,high ,commissioner for ,human ,rights4,sec4 #f4 ,imposition of sanctions with respect to the ,president of ,honduras4,sec4 #g4 ,prohibition on commercial export of covered defense articles and services and covered munitions items to the ,honduran police or military4,sec4 #h4 ,suspension and restrictions of security assistance extended to the ,republic of ,honduras unless certain conditions are met4,sec4 #i4 ,sunset4 #b4 ,police or military of the ,republic of ,honduras defined ,in this ,act1 the term police or military of the ,republic of ,honduras means-- 7#a7 the ,honduran ,national ,police2 7#b7 the ,honduran ,armed ,forces2 7#c7 the ,military ,police of ,public ,order of the ,republic of ,honduras2 or 7#d7 para-police or paramilitary elements1 acting under color of law or having received financing1 training1 orders1 intelligence1 weapons1 or other forms of material assistance from the forces identified in paragraphs 7#a7 through 7#c74 #c4 ,findings ,congress makes the following findings3 7#a7 ,since the #bjji military coup1 the ,republic of ,honduras remains plagued by systemic corruption and human rights violations1 exemplified by-- 7,a7 widespread collusion among government officials1 state and private security forces1 organized crime1 and members of the private sector1 including in the knowledge and perpetration of physical and legal threats1 assassinations1 forced disappearances1 and other abuses against human rights and environmental defenders1 members of the political opposition1 journalists1 and others2 7,b7 the excessive use of force by members of the police or military of the ,republic of ,honduras1 particularly in the context of civil society protests2 7,c7 the failure of the ,government of ,honduras to protect the rights1 interests1 and physical security of indigenous peoples in land and natural resources disputes1 in contravention of its obligations under the ,honduran constitution and under international treaties to which it is a state party2 and 7,d7 the failure of the ,government of ,honduras to enforce the ,honduran ,labor ,code in violation of its obligations under ,international ,labor ,organization ,conventions1 which the ,government of ,honduras has ratified1 guaranteeing freedom of association1 the right to collective bargaining1 and other fundamental labor protections4 7#b7 ,there is substantial evidence that ,president of ,honduras ,juan ,orlando ,hernndez has engaged in a pattern of criminal activity and use of the state apparatus to protect and facilitate drug trafficking1 as exemplified by three high-profile corruption and drug trafficking cases that were tried or are being prosecuted in the ,united ,states ,district ,court for the ,southern ,district of ,new ,york1 in which the ,president of ,honduras was named as a co-conspirator1 including the following3 7,a7 ,the ,october #bjai conviction of the ,president of ,honduras's brother ,juan ,antonio ,hernndez1 in which ,federal prosecutors and multiple witnesses testified that the ,president of ,honduras received #a1ejj1jjj in drug proceeds that were funneled toward his successful #bjac presidential campaign1 and that organized crime had infiltrated the ,honduran ,national ,police and ,national ,party4 7,b7 ,the ,march #bjbj indictment of ,geovanny ,daniel ,fuentes1 a drug trafficker1 in which ,federal prosecutors alleged that the ,president of ,honduras accepted #be1jjj in bribes in exchange for protecting the defendant from law enforcement intervention against his cocaine trafficking activities and facilitated the use of ,honduran military personnel as security for the defendant's drug trafficking operations4 ,on ,february #e1 #bjba1 ,federal prosecutors filed a court document stating that the ,president of ,honduras was under investigation in connection with the case4 7,c7 ,the ,april #bjbj indictment of former ,national ,director of ,police ,juan ,carlos ,el ,tigre ,bonilla1 in which ,federal prosecutors alleged that the ,president of ,honduras accepted bribes from drug traffickers1 facilitated multi-ton shipments of cocaine bound for the ,united ,states1 and entrusted the defendant with special assignments1 including murder4 7#c7 ,the ,president of ,honduras has also demonstrated a track record of contempt for the rule of law1 exhibited by-- 7,a7 his support for the #bjji military coup1 repudiated as unlawful by the ,united ,nations1 the ,organization of ,american ,states1 the ,european ,union1 and numerous foreign governments1 while a member of ,congress2 7,b7 his support for a #bjab congressional measure1 widely viewed as illegal1 to replace four ,supreme ,court justices while the leader of ,congress2 and 7,c7 his #bjag candidacy for a second presidential term1 in violation of the ,honduran constitution's longstanding prohibition on presidential reelection1 which in #bjae was nullified in a ruling by the justices referred to in subparagraph 7,b74 7#d7 ,in recent months1 the executive and legislative branches of the ,government of ,honduras have taken significant steps to entrench corruption1 block oversight by national prosecutors and international investigators1 and shield senior officials and parliamentarians from criminal liability1 including the following actions3 7,a7 ,on ,january #ai1 #bjbj1 the ,government of ,honduras announced the closing of the ,mission of ,support against ,corruption and ,impunity in ,honduras 7,,maccih71 the anti-corruption mechanism established in #bjae by the ,organization of ,american ,states and the ,government of ,honduras4 ,,maccih brought #ad corruption-related cases against dozens of high-profile criminal defendants and oversaw the creation of an anti-corruption judicial circuit and special prosecutor's unit that was disbanded following the mission's closure4 7,b7 ,on ,june #be1 #bjbj1 the ,government of ,honduras enacted a new penal code that reduced prison terms for corruption-related crimes1 including embezzlement1 illicit enrichment1 obstruction of justice1 and fraud4 ,the measure is retroactive1 benefitting ,honduran officials already convicted or facing prosecution4 7,c7 ,on ,october #af1 #bjai1 the ,national ,congress of ,honduras passed a law that restored immunity to all parliamentarians for crimes related to legislative activities and a law that blocked the ,attorney ,general's office from investigating cases involving the improper use of state funds for up to #g years4 7#e7 ,these recent measures follow a longer pattern of congressional decrees of amnesty or immunity for crimes perpetrated by authorities in ,honduras1 including for those committed during the #bjji coup and its aftermath1 those perpetrated by state security forces1 and those involving the misuse of public funds by former and current legislators1 contributing to a climate of impunity4 7#f7 ,space for civil society to operate in the ,republic of ,honduras remains severely constrained1 with rights activists and journalists subject to acute levels of violence1 surveillance1 harassment1 and intimidation4 ,the ,republic of ,honduras ranks as the deadliest country in the world for human rights and environmental defenders on a per capita basis and third in the number of assassinations1 with #ca defenders killed in #bjai and #bjd defenders killed since #bjji4 7#g7 ,the #bjai ,united ,states ,department of ,state ,country ,reports on ,human ,rights ,practices1 international human rights bodies1 and numerous monitoring groups have reported that the ,honduran police and military commit human rights violations with impunity1 including unlawful killings1 torture1 and the use of unnecessary force and lethal weapons against protestors and civilian bystanders4 ,individuals with documented records of human rights violations and links to drug trafficking continue to serve in high-ranking positions within the ,honduran police and military1 and few of the alleged cases of human rights abuses perpetrated by police and military personnel are prosecuted or tried in court4 7#h7 ,the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights and the ,inter-,american ,commission on ,human ,rights have documented the use of arbitrary detentions1 forced disappearances1 and specious judicial proceedings to criminalize indigenous and human rights activists1 environmental defenders1 journalists1 opposition politicians1 and others1 including-- 7,a7 members of the ,tocoa ,municipal ,committee for the ,defense of ,common and ,public ,assets1 who since ,september #bjai have been detained pending trial following their protest of an illegal mining concession affecting the ,guapinol and ,san ,pedro rivers2 7,b7 four ,afro-indigenous ,garfuna land defenders1 who on ,july #ah1 #bjbj1 were abducted from their homes and reportedly forced into unmarked vehicles at gunpoint by armed men in police uniforms without a warrant and remain forcibly disappeared2 and 7,c7 opposition lawmaker ,mara ,luisa ,borjas1 who on ,july #ba1 #bjbj1 was convicted of defamation and sentenced to nearly three years in prison for naming ,ficohsa bank president ,camilo ,atala as an intellectual author of the #bjaf assassination of environmental and indigenous rights activist ,berta ,cceres4 7#i7 ,the vilification and criminalization of civil society actors and human rights defenders by ,honduran authorities has continued unabated under the cover of ,,covid-#ai pandemic response4 ,on ,march #af1 #bjbj1 the ,government of ,honduras first notified the ,organization of ,american ,states of its derogation from treaty obligations under the ,american ,convention on ,human ,rights and has since suspended nine constitutional guarantees1 including the rights to freedom of assembly and expression1 the latter of which was restored after international outcry4 ,at least #cd1jjj citizens have been detained for violating curfew and lockdown restrictions1 and journalists and human rights defenders have been impeded in their efforts to report on and expose human rights abuses during the pandemic4 #d4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 systemic corruption1 impunity1 and human rights violations by national government officials1 private citizens1 and members of the police and military of the ,republic of ,honduras deplete public resources and fuel widespread impoverishment1 citizen insecurity1 and forced displacement2 7#b7 the ,president should impose sanctions on ,president of ,honduras ,juan ,orlando ,hernndez for acts of significant corruption and human rights violations and determine under the ,foreign ,narcotics ,kingpin ,sanctions ,regulations under part #eih of title #ca1 ,code of ,federal ,regulations1 whether the ,president of ,honduras is a specially designated narcotics trafficker2 7#c7 the ,president and ,secretary of ,state should seek to ensure that security assistance from the ,united ,states and exports of munitions by ,united ,states entities are not complicit in human rights abuses perpetrated by the police and military of the ,government of ,honduras1 or misused to impede peaceful protestors1 human rights and environmental defenders1 and others from exercising the right to freedom of expression1 association1 or assembly2 7#d7 the ,government of ,honduras should immediately initiate discussions with the ,united ,nations to negotiate the mandate for a new1 independent mechanism to combat corruption and impunity with a mission comparable to that of ,,maccih1 equipped with-- 7,a7 the authority to initiate cases1 in coordination with the ,specialized ,prosecutor's ,unit against ,networks of ,corruption 7,,uferco71 against any citizen of the ,republic of ,honduras1 irrespective of their office1 rank1 position1 or title2 7,b7 the unimpeded authority to investigate1 including the authority to subpoena documents1 interview witnesses and suspects1 and conduct surveillance2 7,c7 the ability to propose laws1 constitutional amendments1 and regulatory changes to the ,attorney ,general's office and other institutions within the justice sector that are assured expeditious consideration and debate by the ,national ,congress2 and 7,d7 the requirement to conduct regular and transparent consultations with a broad range of civil society members with the goal of promoting the mandate's successful implementation2 7#e7 the ,government of ,honduras should continue to pursue ,,maccih's ongoing anti-corruption cases and adopt legal and institutional reforms to strengthen judicial independence and protect human rights recommended by ,,maccih1 the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights1 and ,,uferco2 7#f7 the ,united ,states should support credible national and international efforts to combat corruption and human rights violations in the ,republic of ,honduras1 including ,,uferco1 the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights1 and organizations working to defend human rights and expose and prevent corruption1 with the necessary resources for holding private and government actors accountable under the law and supporting independent monitoring by a free press and civil society1 provided that they demonstrate sufficient political autonomy and willingness to prosecute high-level cases1 including against senior officials and legislators of the ,republic of ,honduras2 and 7#g7 the ,secretary of ,state should develop1 in consultation with a broad range of representatives of civil society and human rights organizations in ,honduras1 as appropriate1 comprehensive and specific guidelines to use ,united ,states diplomacy and assistance to protect human rights and environmental defenders in the ,republic of ,honduras from physical1 legal1 or financial reprisals and threats1 including by government1 police1 and military officials or their associates4 #e4 ,office of the ,united ,nations ,high ,commissioner for ,human ,rights ,in addition to amounts otherwise appropriated for such purposes1 there is authorized to be appropriated #b1jjj1jjj in voluntary contributions to support the work of the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights in ,honduras to monitor and document human rights violations1 issue public reports and recommendations1 and promote international human rights standards4 #f4 ,imposition of sanctions with respect to the ,president of ,honduras 7a7 ,imposition of sanctions ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall impose the sanctions described in subsection 7b7 with respect to the ,president of ,honduras1 ,juan ,orlando ,hernndez4 7b7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,asset blocking ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of ,juan ,orlando ,hernndez 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 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,juan ,orlando ,hernndez is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,juan ,orlando ,hernndez is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 cancel any other valid visa or entry documentation that is in ,juan ,orlando ,hernndez's possession4 7c7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to the extent necessary to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#a71 or any regulation1 license1 or order issued to carry out that subsection1 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 7d7 ,waiver ,the ,president may waive the application of sanctions under this section if the ,president determines and certifies to the appropriate congressional committees that such a waiver is important to the national interest of the ,united ,states4 7e7 ,exceptions 7#a7 ,exception to comply with international obligations and for law enforcement activities ,sanctions under subsection 7b77#b7 shall not apply if admitting or paroling ,juan ,orlando ,hernndez into the ,united ,states is necessary-- 7,a7 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 obligations2 or 7,b7 to carry out or assist law enforcement activity in the ,united ,states4 7#b7 ,exception relating to the importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7f7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the termination takes effect that-- 7#a7 credible information exists that ,juan ,orlando ,hernndez did not engage in the activity for which sanctions were imposed2 7#b7 ,juan ,orlando ,hernndez has been prosecuted appropriately for the activity for which sanctions were imposed2 or 7#c7 ,juan ,orlando ,hernndez 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 for which the sanctions were imposed in the future4 7g7 ,definitions ,in this section3 7#a7 ,admission2 admitted ,the terms admission and admitted have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 7#c7 ,united states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #g4 ,prohibition on commercial export of covered defense articles and services and covered munitions items to the ,honduran police or military 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall prohibit the issuance of licenses to export covered defense articles and services and covered munitions items to the police or military of the ,republic of ,honduras4 7b7 ,termination ,the prohibition under subsection 7a7 shall terminate on the date on which the ,president determines and reports to the appropriate congressional committees that the police or military of the ,republic of ,honduras have not engaged in gross violations during the one-year period ending on the date of such determination4 7c7 ,waiver ,the prohibition under subsection 7a7 shall not apply to the issuance of a license with respect to which the ,president submits to the appropriate congressional committees a written certification that the exports to be covered by such license are important to the national interests and foreign policy goals of the ,united ,states1 including a description of the manner in which such exports will promote such interests and goals4 7d7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,covered defense articles and services ,the term covered defense articles and services means defense articles and defense services designated by the ,president under section #ch7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;a77#a774 7#c7 ,covered munitions items ,the term covered munitions items means tear gas1 pepper spray1 rubber bullets1 foam rounds1 bean bag rounds1 pepper balls1 water cannons1 handcuffs1 shackles1 stun guns1 tasers1 semi-automatic firearms1 and their associated munitions not included in the definition under paragraph 7#b74 #h4 ,suspension and restrictions of security assistance extended to the ,republic of ,honduras unless certain conditions are met 7a7 ,suspension of security assistance ,no assistance may be made available for the police or military of the ,republic of ,honduras1 including assistance for equipment and training4 7b7 ,loans from multilateral development banks and the ,united ,states ,international ,development ,finance ,corporation ,the ,secretary of the ,treasury shall-- 7#a7 instruct ,united ,states representatives at multilateral development banks to use their voice and vote to oppose any loans for the police or military of the ,republic of ,honduras2 and 7#b7 instruct the ,united ,states ,executive ,director of each international financial institution and the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation to promote human rights due diligence and risk management in connection with any loan1 grant1 policy1 or strategy related to the ,republic of ,honduras1 in accordance with the criteria specified in subsection #gjbi7;d7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id2 #acc ,stat4 #bhfc7 and accompanying report4 7c7 ,conditions for lifting suspensions and restrictions ,the provisions of this section shall terminate on the date on which the ,secretary of ,state determines and reports to the ,committees on ,foreign ,relations and ,appropriations of the ,senate and the ,committees on ,foreign ,affairs and ,appropriations of the ,house of ,representatives that the ,government of ,honduras has-- 7#a7 pursued all legal avenues to bring to trial and obtain a verdict of all those who ordered1 carried out1 and covered up-- 7,a7 the ,march #b1 #bjaf1 murder of ,berta ,cceres2 7,b7 the killings of over #ajj small-farmer activists in the ,agun ,valley2 7,c7 the killings of #bb people and forced disappearance of #a person by state security forces in the context of the #bjag post-electoral crisis2 7,d7 the killings of at least #f people by state security forces in the context of anti-government demonstrations between ,march and ,july of #bjai2 7,e7 the killings of at least #ba journalists and media workers between ,october #bjaf and ,july #bjbj2 7,f7 the ,july #ah1 #bjbj1 forced disappearances of #d ,garfuna community leaders from ,triunfo de la ,cruz2 and 7,g7 the ,december #bf1 #bjbj1 killing of indigenous ,lenca leader and environmental activist ,flix ,vsquez at his home in ,la ,paz1 and the ,december #bi1 #bjbj1 killing of indigenous ,tolupan leader and environmental activist ,adan ,meja in ,yoro2 7#b7 investigated and successfully prosecuted members of military and police forces who are credibly found to have violated human rights and ensured that the military and police cooperated in such cases1 and that such violations have ceased2 7#c7 withdrawn the military from domestic policing and ensured that all domestic police functions are separated from the command and control of the ,armed ,forces of ,honduras and are instead directly responsible to civilian authority2 7#d7 established that it protects effectively the rights of trade unionists1 journalists1 small farmers1 human rights and environmental defenders1 indigenous and ,afro-indigenous community members and rights activists1 women's and ,,lgbtqi rights activists1 critics of the government1 and other members of civil society to operate without interference or repression2 and 7#e7 taken effective steps to establish the rule of law and to guarantee a judicial system that is capable of investigating1 prosecuting1 and bringing to justice members of the police and military who have committed human rights abuses4 #i4 ,sunset ,this ,act shall terminate on the date that is #e years after the date of the enactment of this ,act4