Venezuela Defense of Human Rights and Civil Society Act of 2014

Summary: (This measure has not been amended since it was passed by the Senate on December 8, 2014.  Venezuela Defense of Human Rights and Civil Society Act of 2014 - (Sec. 3) Expresses the sense of Congress that:   the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law, and a productive relationship on issues of public security, including counter narcotics and counterterrorism; the United States supports the efforts of the people of Venezuela to realize their economic potential and advance representative democracy; the government of Venezuela's mismanagement of its economy has produced conditions of economic hardship; the government's failure to guarantee public security has led Venezuela to become one of the most violent countries in the world; the government continues to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature, persecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; the people of Venezuela have turned out in demonstrations throughout the country to protest the government's inability to ensure their political and economic well-being; and the use of violence by the National Guard and security personnel is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern.   (Sec. 4) States that it is U.S. policy to:  support the people of Venezuela in their aspiration to live under peace and representative democracy, work with the Organization of American States (OAS) and the European Union (EU) to ensure the peaceful resolution of the situation in Venezuela and the cessation of violence against antigovernment protestors, hold accountable government and security officials in Venezuela responsible for or complicit in the use of force against antigovernment protests, and support the development of democratic political processes and independent civil society in Venezuela.   (Sec. 5) Directs the President to impose U.S. asset blocking and U.S. exclusion sanctions against any person, including a current or former government of Venezuela official or a person acting on behalf of such government, who has:  perpetrated or is responsible for otherwise directing significant acts of violence or serious human rights abuses against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014; directed or ordered the arrest or prosecution of a person primarily because of the person's legitimate exercise of freedom of expression or assembly; or knowingly materially assisted or provided significant financial, material, or technological support for the commission of such acts.   Sets forth related penalty requirements.  States that: (1) asset blocking sanctions shall not authorize the imposition of sanctions on imported goods, and (2) U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations.  Authorizes the President to waive sanctions if in U.S. national security interests, and with congressional notification.  Terminates the requirement to impose sanctions on December 31, 2016. (Sec. 6) Directs the Chairman of the Broadcasting Board of Governors to report to Congress:  an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate news and information; an assessment of efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the U.S. government and otherwise; and a strategy for expanding such efforts in Venezuela.

SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Venezuela Defense of Human Rights 
and Civil Society Act of 2014''.
SEC. 2. FINDINGS.
    Congress makes the following findings:
        (1) The Central Bank of Venezuela and the National Statistical 
    Institute of Venezuela stated that the annual inflation rate in 
    Venezuela in 2013 was 56.30, the highest level of inflation in the 
    Western Hemisphere and the third highest level of inflation in the 
    world behind South Sudan and Syria.
        (2) The Central Bank of Venezuela and the Government of 
    Venezuela have imposed a series of currency controls that has 
    exacerbated economic problems and, according to the World Economic 
    Forum, has become the most problematic factor for doing business in 
    Venezuela.
        (3) The Central Bank of Venezuela declared that the scarcity 
    index of Venezuela reached 29.4 percent in March 2014, which 
    signifies that fewer than one in 4 basic goods is unavailable at 
    any given time. The Central Bank has not released any information 
    on the scarcity index since that time.
        (4) Since 1999, violent crime in Venezuela has risen sharply 
    and the Venezuelan Violence Observatory, an independent 
    nongovernmental organization, found the national per capita murder 
    rate to be 79 per 100,000 people in 2013.
        (5) The international nongovernmental organization Human Rights 
    Watch recently stated, ``Under the leadership of President Chavez 
    and now President Maduro, the accumulation of power in the 
    executive branch and the erosion of human rights guarantees have 
    enabled the government to intimidate, censor, and prosecute its 
    critics.''.
        (6) The Country Reports on Human Rights Practices for 2013 of 
    the Department of State maintained that in Venezuela ``the 
    government did not respect judicial independence or permit judges 
    to act according to the law without fear of retaliation'' and ``the 
    government used the judiciary to intimidate and selectively 
    prosecute political, union, business, and civil society leaders who 
    were critical of government policies or actions''.
        (7) The Government of Venezuela has detained foreign 
    journalists and threatened and expelled international media outlets 
    operating in Venezuela, and the international nongovernmental 
    organization Freedom House declared that Venezuela's ``media 
    climate is permeated by intimidation, sometimes including physical 
    attacks, and strong antimedia rhetoric by the government is 
    common''.
        (8) Since February 4, 2014, the Government of Venezuela has 
    responded to antigovernment protests with violence and killings 
    perpetrated by its public security forces.
        (9) In May 2014, Human Rights Watch found that the unlawful use 
    of force perpetrated against antigovernment protesters was ``part 
    of a systematic practice by the Venezuelan security forces''.
        (10) As of September 1, 2014, 41 people had been killed, 
    approximately 3,000 had been arrested unjustly, and more than 150 
    remained in prison and faced criminal charges as a result of 
    antigovernment demonstrations throughout Venezuela.
        (11) Opposition leader Leopoldo Lopez was arrested on February 
    18, 2014, in relation to the protests and was unjustly charged with 
    criminal incitement, conspiracy, arson, and property damage. Since 
    his arrest, Lopez has been held in solitary confinement and has 
    been denied 58 out of 60 of his proposed witnesses at his ongoing 
    trial.
        (12) As of September 1, 2014, not a single member of the public 
    security forces of the Government of Venezuela had been held 
    accountable for acts of violence perpetrated against antigovernment 
    protesters.
SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN 
VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA.
    It is the sense of Congress that--
        (1) the United States aspires to a mutually beneficial 
    relationship with Venezuela based on respect for human rights and 
    the rule of law and a functional and productive relationship on 
    issues of public security, including counternarcotics and 
    counterterrorism;
        (2) the United States supports the people of Venezuela in their 
    efforts to realize their full economic potential and to advance 
    representative democracy, human rights, and the rule of law within 
    their country;
        (3) the chronic mismanagement by the Government of Venezuela of 
    its economy has produced conditions of economic hardship and 
    scarcity of basic goods and foodstuffs for the people of Venezuela;
        (4) the failure of the Government of Venezuela to guarantee 
    minimal standards of public security for its citizens has led the 
    country to become one of the most violent and corrupt in the world;
        (5) the Government of Venezuela continues to take steps to 
    remove checks and balances on the executive, politicize the 
    judiciary, undermine the independence of the legislature through 
    use of executive decree powers, persecute and prosecute its 
    political opponents, curtail freedom of the press, and limit the 
    free expression of its citizens;
        (6) Venezuelans, responding to ongoing economic hardship, high 
    levels of crime and violence, and the lack of basic political 
    rights and individual freedoms, have turned out in demonstrations 
    in Caracas and throughout the country to protest the failure of the 
    Government of Venezuela to protect the political and economic well-
    being of its citizens; and
        (7) the repeated use of violence perpetrated by the National 
    Guard and security personnel of Venezuela, as well as persons 
    acting on behalf of the Government of Venezuela, against 
    antigovernment protesters that began on February 4, 2014, is 
    intolerable and the use of unprovoked violence by protesters is 
    also a matter of serious concern.
SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA.
    It is the policy of the United States--
        (1) to support the people of Venezuela in their aspiration to 
    live under conditions of peace and representative democracy as 
    defined by the Inter-American Democratic Charter of the 
    Organization of American States;
        (2) to work in concert with the other member states within the 
    Organization of American States, as well as the countries of the 
    European Union, to ensure the peaceful resolution of the current 
    situation in Venezuela and the immediate cessation of violence 
    against antigovernment protestors;
        (3) to hold accountable government and security officials in 
    Venezuela responsible for or complicit in the use of force in 
    relation to antigovernment protests and similar future acts of 
    violence; and
        (4) to continue to support the development of democratic 
    political processes and independent civil society in Venezuela.
SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.
    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to any foreign person, including any 
current or former official of the Government of Venezuela or any person 
acting on behalf of that Government, that the President determines--
        (1) has perpetrated, or is responsible for ordering or 
    otherwise directing, significant acts of violence or serious human 
    rights abuses in Venezuela against persons associated with the 
    antigovernment protests in Venezuela that began on February 4, 
    2014;
        (2) has ordered or otherwise directed the arrest or prosecution 
    of a person in Venezuela primarily because of the person's 
    legitimate exercise of freedom of expression or assembly; or
        (3) has knowingly materially assisted, sponsored, or provided 
    significant financial, material, or technological support for, or 
    goods or services in support of, the commission of acts described 
    in paragraph (1) or (2).
    (b) Sanctions Described.--
        (1) In general.--The sanctions described in this subsection are 
    the following:
            (A) Asset blocking.--The exercise of all powers granted to 
        the President by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of a person determined by the President to be subject 
        to subsection (a) if such property and interests in property 
        are in the United States, come within the United States, or are 
        or come within the possession or control of a United States 
        person.
            (B) Exclusion from the united states and revocation of visa 
        or other documentation.--In the case of an alien determined by 
        the President to be subject to subsection (a), denial of a visa 
        to, and exclusion from the United States of, the alien, and 
        revocation in accordance with section 221(i) of the Immigration 
        and Nationality Act (8 U.S.C. 1201(i)), of any visa or other 
        documentation of the alien.
        (2) Penalties.--A person that violates, attempts to violate, 
    conspires to violate, or causes a violation of paragraph (1)(A) or 
    any regulation, license, or order issued to carry out paragraph 
    (1)(A) shall be subject to the penalties set forth in subsections 
    (b) and (c) of section 206 of the International Emergency Economic 
    Powers Act (50 U.S.C. 1705) to the same extent as a person that 
    commits an unlawful act described in subsection (a) of that 
    section.
        (3) Exception relating to importation of goods.--The 
    requirement to block and prohibit all transactions in all property 
    and interests in property under paragraph (1)(A) shall not include 
    the authority to impose sanctions on the importation of goods.
        (4) Exception to comply with united nations headquarters 
    agreement.--Sanctions under paragraph (1)(B) shall not apply to an 
    alien if admitting the alien into the United States is necessary to 
    permit the United States to comply with the Agreement regarding the 
    Headquarters of the United Nations, signed at Lake Success June 26, 
    1947, and entered into force November 21, 1947, between the United 
    Nations and the United States, or other applicable international 
    obligations.
    (c) Waiver.--The President may waive the application of sanctions 
under subsection (b) with respect to a person if the President--
        (1) determines that such a waiver is in the national interest 
    of the United States; and
        (2) on or before the date on which the waiver takes effect, 
    submits to the Committee on Foreign Relations and the Committee on 
    Banking Housing, and Urban Affairs of the Senate and the Committee 
    on Foreign Affairs and the Committee on Financial Services of the 
    House of Representatives a notice of and justification for the 
    waiver.
    (d) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.
    (e) Termination.--The requirement to impose sanctions under this 
section shall terminate on December 31, 2016.
    (f) Definitions.--In this section:
        (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have 
    the meanings given those terms in section 101 of the Immigration 
    and Nationality Act (8 U.S.C. 1101).
        (2) Financial institution.--The term ``financial institution'' 
    has the meaning given that term in section 5312 of title 31, United 
    States Code.
        (3) Foreign person.--The term ``foreign person'' means a person 
    that is not a United States person.
        (4) Good.--The term ``good'' has the meaning given that term in 
    section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 
    2415) (as continued in effect pursuant to the International 
    Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
        (5) Knowingly.--The term ``knowingly'', with respect to 
    conduct, a circumstance, or a result, means that a person has 
    actual knowledge, or should have known, of the conduct, the 
    circumstance, or the result.
        (6) Materially assisted.--The term ``materially assisted'' 
    means the provision of assistance that is significant and of a kind 
    directly relevant to acts described in paragraph (1) or (2) of 
    subsection (a).
        (7) United states person.--The term ``United States person'' 
    means--
            (A) a United States citizen or an alien lawfully admitted 
        for permanent residence to the United States; or
            (B) an entity organized under the laws of the United States 
        or of any jurisdiction within the United States, including a 
        foreign branch of such an entity.
SEC. 6. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND 
CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA.
    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Chairman of the Broadcasting Board of 
Governors (in this section referred to as the ``Board'') shall submit 
to Congress a report that includes--
        (1) a thorough evaluation of the governmental, political, and 
    technological obstacles faced by the people of Venezuela in their 
    efforts to obtain accurate, objective, and comprehensive news and 
    information about domestic and international affairs;
        (2) an assessment of current efforts relating to broadcasting, 
    information distribution, and circumvention technology distribution 
    in Venezuela, by the United States Government and otherwise; and
        (3) a strategy for expanding such efforts in Venezuela, 
    including recommendations for additional measures to expand upon 
    current efforts.
    (b) Elements.--The report required by subsection (a) shall 
include--
        (1) an assessment of the current level of Federal funding 
    dedicated to broadcasting, information distribution, and 
    circumvention technology distribution in Venezuela by the Board 
    before the date of the enactment of this Act;
        (2) an assessment of the extent to which the current level and 
    type of news and related programming and content provided by the 
    Voice of America and other sources is addressing the informational 
    needs of the people of Venezuela; and
        (3) recommendations for increasing broadcasting, information 
    distribution, and circumvention technology distribution in 
    Venezuela.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.