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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4229 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4229

  To seek international sanctions against the Government of Venezuela 
    with respect to foreign persons responsible for or complicit in 
   ordering, controlling, or otherwise directing, the commission of 
  serious human rights abuses against citizens of Venezuela, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2014

Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart, Mr. Sires, Mr. Salmon, 
   Ms. Wasserman Schultz, Mr. DeSantis, Mr. Deutch, Mr. Garcia, Mr. 
 Bilirakis, and Ms. Frankel of Florida) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
   to the Committees on the Judiciary, Ways and Means, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To seek international sanctions against the Government of Venezuela 
    with respect to foreign persons responsible for or complicit in 
   ordering, controlling, or otherwise directing, the commission of 
  serious human rights abuses against citizens of Venezuela, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Venezuelan Liberty and Democratic 
Solidarity Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Sensitive technology.--
                    (A) In general.--The term ``sensitive technology'' 
                means hardware, software, telecommunications equipment, 
                or any other technology that the President determines 
                is to be used specifically to--
                            (i) restrict the free flow of unbiased 
                        information; or
                            (ii) disrupt, monitor, or otherwise 
                        restrict freedom of speech.
                    (B) Exception.--The term ``sensitive technology'' 
                does not include information or informational materials 
                the exportation of which the President does not have 
                the authority to regulate.

SEC. 3. FINDINGS.

    Congress finds the following--
            (1) On February 12, 2014, also known in Venezuela as the 
        National Youth Day, students began protesting in several cities 
        against Venezuelan leader Nicolas Maduro's inability to stem 
        violent crime, his undemocratic actions, and a rapidly 
        deteriorating economy marked by high inflation and shortages of 
        consumer goods.
            (2) On February 12, 2014, a judge issued an arrest warrant 
        for Leopoldo Lopez, leader of the opposition party Voluntad 
        Popular, for unfounded allegations in connection with the 
        student protests.
            (3) On February 17, 2014, the Government of Venezuela 
        notified the United States Department of State that it had 
        declared 3 consular officers at the United States Embassy in 
        Venezuela personae non gratae.
            (4) On February 18, 2014, opposition leader Leopoldo Lopez 
        turned himself in to Venezuelan authorities, was arrested, and 
        unjustly charged with criminal incitement, conspiracy, arson, 
        and intent to damage property.
            (5) Leopoldo Lopez is currently being held in a prison at a 
        military facility.
            (6) Nongovernmental human rights organizations have alleged 
        that the charges brought against Leopoldo Lopez appear to be a 
        politically motivated attempt to silence dissent in the 
        country.
            (7) As of March 13, 2014, there have been 24 people killed, 
        over 100 injured, and many persons unjustly detained in 
        relation to pro-democracy demonstrations throughout Venezuela.
            (8) On February 19, 2014, President Obama criticized the 
        Government of Venezuela for arresting protesters, called for 
        their release, and urged the government to focus on the 
        ``legitimate grievances of the Venezuelan people''.
            (9) According to the Department of State's Country Reports 
        on Human Rights Practices for 2013 for Venezuela, ``The 
        principal human rights abuses reported during the year included 
        corruption, politicization in the judicial system, and 
        government actions to impede freedom of expression and restrict 
        freedom of the press. The government did not respect judicial 
        independence or permit judges to act according to the law 
        without fear of retaliation. 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. The government harassed and 
        intimidated privately owned television stations, other media 
        outlets, and journalists throughout the year, using threats, 
        fines, property seizures, targeted regulations, arrests, and 
        criminal investigations and prosecutions.''.
            (10) According to the Department of State's Country Reports 
        on Human Rights Practices for 2013 for Venezuela, ``The 
        following human rights problems were reported by NGOs, the 
        media, and in some cases the government itself: unlawful 
        killings, including summary killings by police elements; 
        torture and other cruel, inhumane, or degrading treatment; 
        harsh and life-threatening prison conditions and lack of due 
        process rights that contributed to widespread violence, riots, 
        injuries, and deaths in prisons; inadequate juvenile detention 
        centers; arbitrary arrests and detentions; corruption and 
        impunity in police forces; political prisoners; interference 
        with privacy rights; corruption at all levels of government; 
        threats against domestic NGOs; violence against women; anti-
        Semitism in the official media; trafficking in persons; 
        violence based on sexual orientation and gender identity; and 
        restrictions on workers' right of association.''.
            (11) According to Freedom House's Freedom in the World 
        report of 2013 on Venezuela, ``Nicolas Maduro, further weakened 
        the independent media, reduced the opposition's ability to 
        serve as a check on government policy, and made threats to 
        civil society groups.''.

SEC. 4. 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 voice, 
vote, and influence of the United States at the Organization of 
American States to defend and protect the Inter-American Democratic 
Charter, and strengthen the independent Inter-American Commission on 
Human Rights to advance the protection of human rights throughout the 
Western Hemisphere, especially in Venezuela.

SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE 
              FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST 
              CITIZENS OF VENEZUELA OR THEIR FAMILY MEMBERS.

    (a) In General.--The President shall impose sanctions described in 
subsection (c) with respect to each person on the list required by 
subsection (b).
    (b) List of Persons Who Are Responsible for or Complicit in Certain 
Human Rights Abuses.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a list of persons who are 
        officials of the Government of Venezuela or persons acting on 
        behalf of the Government of Venezuela, who the President 
        determines, based on credible evidence, are responsible for or 
        complicit in, or responsible for ordering, controlling, or 
        otherwise directing, the commission of serious human rights 
        abuses against citizens of Venezuela or their family members.
            (2) Updates of list.--The President shall transmit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 180 days after the date of the 
                enactment of this Act; and
                    (B) as new information becomes available.
            (3) Public availability.--The list required under paragraph 
        (1) shall be made available to the public and posted on the Web 
        sites of the Department of the Treasury and the Department of 
        State.
            (4) Consideration of data from other countries and 
        nongovernmental organizations.--In preparing the list required 
        under paragraph (1), the President may consider credible data 
        already obtained by other countries and nongovernmental 
        organizations, including organizations in Venezuela, that 
        monitor the human rights abuses of the Government of Venezuela.
    (c) 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 
(50 U.S.C. 1701 et seq.), including blocking of property and 
restrictions or prohibitions on financial transactions and the 
exportation and importation of property, subject to such regulations as 
the President may prescribe, 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 Nations, signed June 26, 1947, and entered into force 
November 21, 1947, and other applicable international obligations.
    (d) 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 Venezuela has--
            (1) unconditionally released all political prisoners and 
        opposition leaders;
            (2) ceased violence, unlawful detention, torture, and abuse 
        of its citizens;
            (3) cooperated fully with an independent investigation into 
        the killings, arrests, and abuse of peaceful political 
        activists and prosecuted the individuals responsible for such 
        killings, arrests, and abuse; and
            (4) ceased infringing on freedom of expression and 
        attacking independent media.

SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS 
              OR TECHNOLOGIES TO VENEZUELA THAT ARE LIKELY TO BE USED 
              TO COMMIT HUMAN RIGHTS ABUSES.

    (a) In General.--The President shall impose sanctions described in 
section 5(c) with respect to each person on the list required under 
subsection (b) of this section.
    (b) List.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, 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 (2) on or after such date of enactment.
            (2) Activity described.--
                    (A) In general.--A person engages in an activity 
                described in this paragraph if the person--
                            (i) transfers, or facilitates the transfer 
                        of, goods or technologies described in 
                        subparagraph (C) to Venezuela, any entity 
                        organized under the laws of Venezuela, or any 
                        national of Venezuela, for use in or with 
                        respect to Venezuela; or
                            (ii) provides services (including services 
                        relating to hardware, software, and specialized 
                        information, and professional consulting, 
                        engineering, and support services) with respect 
                        to goods or technologies described in 
                        subparagraph (C) after such goods or 
                        technologies are transferred to Venezuela.
                    (B) Applicability to contracts and other 
                agreements.--A person engages in an activity described 
                in subparagraph (A) without regard to whether the 
                activity is carried out pursuant to a contract or other 
                agreement entered into before, on, or after the date of 
                the enactment of this Act.
                    (C) 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 the Government of Venezuela or any 
                of the agencies or instrumentalities of the Government 
                of Venezuela (or by any other person on behalf of the 
                Government of Venezuela or any of such agencies or 
                instrumentalities) to commit serious human rights 
                abuses against the people of Venezuela, including--
                            (i) firearms or ammunition (as such terms 
                        are defined in section 921 of title 18, United 
                        States Code), rubber bullets, police batons, 
                        pepper or chemical sprays, stun grenades, 
                        electroshock weapons, tear gas, water cannons, 
                        or surveillance technology; or
                            (ii) sensitive technology (as defined in 
                        section 2(3)).
            (3) 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 (1) if the 
        President certifies in writing to the appropriate congressional 
        committees that--
                    (A) the person is no longer engaging in, or has 
                taken significant verifiable steps toward stopping, the 
                activity described in paragraph (2) for which the 
                President would otherwise have included the person on 
                the list; and
                    (B) the President has received reliable assurances 
                that such person will not knowingly engage in any 
                activity described in such paragraph (2) in the future.
            (4) Updates of list.--The President shall transmit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 180 days after the date of the 
                enactment of this Act; and
                    (B) as new information becomes available.
            (5) Form of list; public availability.--
                    (A) Form.--The list required under paragraph (1) 
                shall be submitted in unclassified form but may contain 
                a classified annex.
                    (B) Public availability.--The unclassified portion 
                of the list required under paragraph (1) shall be made 
                available to the public and posted on the Web sites of 
                the Department of the Treasury and the Department of 
                State.

SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN 
              CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS 
              OF VENEZUELA.

    (a) In General.--The President shall impose sanctions described in 
section 5(c) with respect to each person on the list required under 
subsection (b) of this section.
    (b) List of Persons Who Engage in Censorship.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a list of persons who the 
        President determines have engaged in censorship or other 
        activities with respect to Venezuela that--
                    (A) prohibit, limit, or penalize the exercise of 
                freedom of expression or assembly by citizens of 
                Venezuela; or
                    (B) limit access to print or broadcast media, 
                including the facilitation or support of intentional 
                frequency manipulation by the Government of Venezuela 
                or an entity owned or controlled by the Government of 
                Venezuela that would jam or restrict an international 
                signal.
            (2) Updates of list.--The President shall transmit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 180 days after the date of the 
                enactment of this Act; and
                    (B) as new information becomes available.
            (3) Form of list; public availability.--
                    (A) Form.--The list required under paragraph (1) 
                shall be submitted in unclassified form but may contain 
                a classified annex.
                    (B) Public availability.--The unclassified portion 
                of the list required under paragraph (1) shall be made 
                available to the public and posted on the Web sites of 
                the Department of the Treasury and the Department of 
                State.

SEC. 8. STATEMENT OF POLICY ON REDUCTION IN IMPORTATION OF PETROLEUM 
              AND PETROLEUM PRODUCTS OF VENEZUELAN ORIGIN.

    (a) Findings.--Congress finds the following:
            (1) On May 24, 2011, the United States Government decided 
        to impose sanctions on the state-owned oil company of Venezuela 
        called Petroleos de Venezuela (PDVSA) under the Iran Sanctions 
        Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), for 
        delivering at least two cargoes of reformate to Iran between 
        December 2010 and March 2011, worth approximately $50,000,000.
            (2) In 2012, Venezuela was the fourth largest foreign 
        supplier of crude oil to the United States.
            (3) In 2012, the United States imported less barrels of 
        total crude oil than in 2005.
            (4) According to the U.S. Energy Information 
        Administration, the United States imported approximately 24,000 
        barrels per day from Venezuela in 2013, compared to 29,000 
        barrels per day in 2012, a 17 percent decrease, and imports 
        from Venezuela have fallen by nearly half since 2004.
    (b) Statement of Policy.--It should be the policy of the United 
States to reduce petroleum imports from Venezuela in order to prevent 
its leader Nicolas Maduro from using the profits from the sale of 
petroleum to fund his regime's oppression and human rights violations 
against the people of Venezuela, and to continue the existing downward 
trend of petroleum imports from Venezuela.

SEC. 9. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS 
              TO INFORMATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State, in consultation with heads of other Federal 
departments and agencies, as appropriate, shall submit to the 
appropriate congressional committees a comprehensive strategy to--
            (1) assist the people Venezuela to produce, access, and 
        share information freely and safely via the Internet;
            (2) increase the capabilities and availability of secure 
        mobile and other communications through connective technology 
        among human rights and democracy activists in Venezuela;
            (3) provide resources for digital safety training for media 
        and academic and civil society organizations in Venezuela;
            (4) increase emergency resources for the most vulnerable 
        human rights advocates seeking to organize, share information, 
        and support human rights in Venezuela;
            (5) expand surrogate radio, television, live stream, and 
        social network communications inside Venezuela;
            (6) expand activities to safely assist and train human 
        rights, civil society, and democracy activists in Venezuela to 
        operate effectively and securely;
            (7) expand access to proxy servers for democracy activists 
        in Venezuela; and
            (8) discourage telecommunications and software companies 
        from facilitating Internet censorship by the Government of 
        Venezuela.

SEC. 10. COMPREHENSIVE STRATEGY TO ENSURE THAT VENEZUELA WILL UPHOLD 
              DEMOCRATIC PRINCIPLES.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the appropriate congressional 
committees a comprehensive strategy to ensure that the Government of 
Venezuela will uphold--
            (1) free, fair, and transparent elections--
                    (A) conducted under the supervision of 
                internationally recognized observers; and
                    (B) in which--
                            (i) opposition parties were permitted ample 
                        time to organize and campaign for such 
                        elections; and
                            (ii) all candidates were permitted full 
                        access to the media;
            (2) are showing respect for the basic civil liberties and 
        human rights of the citizens of Venezuela;
            (3) are substantially moving toward a market-oriented 
        economic systems based on the right to own and enjoy property;
            (4) 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 Venezuela; and
            (5) have made demonstrable progress in establishing 
        independent judiciaries and electoral councils.

SEC. 11. STATEMENT OF POLICY ON POLITICAL PRISONERS.

    It shall be the policy of the United States--
            (1) to support efforts to research and identify prisoners 
        of conscience and cases of human rights abuses in Venezuela;
            (2) to offer refugee status or political asylum in the 
        United States to political dissidents in Venezuela if requested 
        and consistent with the laws and national security interests of 
        the United States;
            (3) to offer to assist, through the United Nations High 
        Commissioner for Refugees, with the relocation of such 
        political prisoners to other countries if requested, as 
        appropriate and with appropriate consideration for the national 
        security interests of the United States; and
            (4) to publicly call for the release of Venezuelan country 
        dissidents by name and raise awareness with respect to 
        individual cases of Venezuelan country dissidents and prisoners 
        of conscience, as appropriate and if requested by the 
        dissidents or prisoners themselves or their families.

SEC. 12. SUPPORT FOR CIVIL SOCIETY IN VENEZUELA.

    Of the amounts authorized to be appropriated for environmental 
programs in Ecuador by the United States Agency for International 
Development, $3,000,000 shall be made available for assistance to civil 
society in Venezuela.
                                 <all>
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