113TH CONGRESS 

2D SESSION S. 2142 

AN ACT 

To impose targeted sanctions on persons responsible for violations of human rights of antigovernment protesters in 

Venezuela, to strengthen civil society in Venezuela, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Venezuela Defense of 

3 Human Rights and Civil Society Act of 2014’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The Central Bank of Venezuela and the Na7 tional Statistical Institute of Venezuela stated that 

8 the annual inflation rate in Venezuela in 2013 was 

9 56.30, the highest level of inflation in the Western 

10 Hemisphere and the third highest level of inflation 

11 in the world behind South Sudan and Syria. 

12 (2) The Central Bank of Venezuela and the 

13 Government of Venezuela have imposed a series of 

14 currency controls that has exacerbated economic 

15 problems and, according to the World Economic 

16 Forum, has become the most problematic factor for 

17 doing business in Venezuela. 

18 (3) The Central Bank of Venezuela declared 

19 that the scarcity index of Venezuela reached 29.4 

20 percent in March 2014, which signifies that fewer 

21 than one in 4 basic goods is unavailable at any given 

22 time. The Central Bank has not released any infor23 mation on the scarcity index since that time. 

24 (4) Since 1999, violent crime in Venezuela has 

25 risen sharply and the Venezuelan Violence Observ26 atory, an independent nongovernmental organiza-
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1 tion, found the national per capita murder rate to be 

2 79 per 100,000 people in 2013. 

3 (5) The international nongovernmental organi4 zation Human Rights Watch recently stated, ‘‘Under 

5 the leadership of President Cha`vez and now Presi6 dent Maduro, the accumulation of power in the exec7 utive branch and the erosion of human rights guar8 antees have enabled the government to intimidate, 

9 censor, and prosecute its critics.’’. 

10 (6) The Country Reports on Human Rights 

11 Practices for 2013 of the Department of State main12 tained that in Venezuela ‘‘the government did not 

13 respect judicial independence or permit judges to act 

14 according to the law without fear of retaliation’’ and 

15 ‘‘the government used the judiciary to intimidate 

16 and selectively prosecute political, union, business, 

17 and civil society leaders who were critical of govern18 ment policies or actions’’. 

19 (7) The Government of Venezuela has detained 

20 foreign journalists and threatened and expelled 

21 international media outlets operating in Venezuela, 

22 and the international nongovernmental organization 

23 Freedom House declared that Venezuela’s ‘‘media 

24 climate is permeated by intimidation, sometimes in-
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1 cluding physical attacks, and strong antimedia rhet2 oric by the government is common’’. 

3 (8) Since February 4, 2014, the Government of 

4 Venezuela has responded to antigovernment protests 

5 with violence and killings perpetrated by its public 

6 security forces. 

7 (9) In May 2014, Human Rights Watch found 

8 that the unlawful use of force perpetrated against 

9 antigovernment protesters was ‘‘part of a systematic 

10 practice by the Venezuelan security forces’’. 

11 (10) As of September 1, 2014, 41 people had 

12 been killed, approximately 3,000 had been arrested 

13 unjustly, and more than 150 remained in prison and 

14 faced criminal charges as a result of antigovernment 

15 demonstrations throughout Venezuela. 

16 (11) Opposition leader Leopoldo Lopez was ar17 rested on February 18, 2014, in relation to the pro18 tests and was unjustly charged with criminal incite19 ment, conspiracy, arson, and property damage. Since 

20 his arrest, Lopez has been held in solitary confine21 ment and has been denied 58 out of 60 of his pro22 posed witnesses at his ongoing trial. 

23 (12) As of September 1, 2014, not a single 

24 member of the public security forces of the Govern25 ment of Venezuela had been held accountable for 
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1 acts of violence perpetrated against antigovernment 

2 protesters. 

3 SEC. 3. SENSE OF CONGRESS REGARDING 

4 ANTIGOVERNMENT PROTESTS IN VENEZUELA 

5 AND THE NEED TO PREVENT FURTHER VIO6 LENCE IN VENEZUELA. 

7 It is the sense of Congress that— 

8 (1) the United States aspires to a mutually 

9 beneficial relationship with Venezuela based on re10 spect for human rights and the rule of law and a 

11 functional and productive relationship on issues of 

12 public security, including counternarcotics and 

13 counterterrorism; 

14 (2) the United States supports the people of 

15 Venezuela in their efforts to realize their full eco16 nomic potential and to advance representative de17 mocracy, human rights, and the rule of law within 

18 their country; 

19 (3) the chronic mismanagement by the Govern20 ment of Venezuela of its economy has produced con21 ditions of economic hardship and scarcity of basic 

22 goods and foodstuffs for the people of Venezuela; 

23 (4) the failure of the Government of Venezuela 

24 to guarantee minimal standards of public security 
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1 for its citizens has led the country to become one of 

2 the most violent and corrupt in the world; 

3 (5) the Government of Venezuela continues to 

4 take steps to remove checks and balances on the ex5 ecutive, politicize the judiciary, undermine the inde6 pendence of the legislature through use of executive 

7 decree powers, persecute and prosecute its political 

8 opponents, curtail freedom of the press, and limit 

9 the free expression of its citizens; 

10 (6) Venezuelans, responding to ongoing eco11 nomic hardship, high levels of crime and violence, 

12 and the lack of basic political rights and individual 

13 freedoms, have turned out in demonstrations in Ca14 racas and throughout the country to protest the fail15 ure of the Government of Venezuela to protect the 

16 political and economic well-being of its citizens; and 

17 (7) the repeated use of violence perpetrated by 

18 the National Guard and security personnel of Ven19 ezuela, as well as persons acting on behalf of the 

20 Government of Venezuela, against antigovernment 

21 protesters that began on February 4, 2014, is intol22 erable and the use of unprovoked violence by pro23 testers is also a matter of serious concern. 

24 SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA. 

25 It is the policy of the United States— 
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1 (1) to support the people of Venezuela in their 

2 aspiration to live under conditions of peace and rep3 resentative democracy as defined by the Inter-Amer4 ican Democratic Charter of the Organization of 

5 American States; 

6 (2) to work in concert with the other member 

7 states within the Organization of American States, 

8 as well as the countries of the European Union, to 

9 ensure the peaceful resolution of the current situa10 tion in Venezuela and the immediate cessation of vi11 olence against antigovernment protestors; 

12 (3) to hold accountable government and secu13 rity officials in Venezuela responsible for or 

14 complicit in the use of force in relation to 

15 antigovernment protests and similar future acts of 

16 violence; and 

17 (4) to continue to support the development of 

18 democratic political processes and independent civil 

19 society in Venezuela. 

20 SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIO21 LENCE IN VENEZUELA. 

22 (a) IN GENERAL.—The President shall impose the 

23 sanctions described in subsection (b) with respect to any 

24 foreign person, including any current or former official of 
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1 the Government of Venezuela or any person acting on be2 half of that Government, that the President determines— 

3 (1) has perpetrated, or is responsible for order4 ing or otherwise directing, significant acts of vio5 lence or serious human rights abuses in Venezuela 

6 against persons associated with the antigovernment 

7 protests in Venezuela that began on February 4, 

8 2014; 

9 (2) has ordered or otherwise directed the arrest 

10 or prosecution of a person in Venezuela primarily 

11 because of the person’s legitimate exercise of free12 dom of expression or assembly; or 

13 (3) has knowingly materially assisted, spon14 sored, or provided significant financial, material, or 

15 technological support for, or goods or services in 

16 support of, the commission of acts described in para17 graph (1) or (2). 

18 (b) SANCTIONS DESCRIBED.— 

19 (1) IN GENERAL.—The sanctions described in 

20 this subsection are the following: 

21 (A) ASSET BLOCKING.—The exercise of all 

22 powers granted to the President by the Inter23 national Emergency Economic Powers Act (50 

24 U.S.C. 1701 et seq.) to the extent necessary to 

25 block and prohibit all transactions in all prop-
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1 erty and interests in property of a person deter2 mined by the President to be subject to sub3 section (a) if such property and interests in 

4 property are in the United States, come within 

5 the United States, or are or come within the 

6 possession or control of a United States person. 

7 (B) EXCLUSION FROM THE UNITED

8 STATES AND REVOCATION OF VISA OR OTHER

9 DOCUMENTATION.—In the case of an alien de10 termined by the President to be subject to sub11 section (a), denial of a visa to, and exclusion 

12 from the United States of, the alien, and rev13 ocation in accordance with section 221(i) of the 

14 Immigration and Nationality Act (8 U.S.C. 

15 1201(i)), of any visa or other documentation of 

16 the alien. 

17 (2) PENALTIES.—A person that violates, at18 tempts to violate, conspires to violate, or causes a 

19 violation of paragraph (1)(A) or any regulation, li20 cense, or order issued to carry out paragraph (1)(A) 

21 shall be subject to the penalties set forth in sub22 sections (b) and (c) of section 206 of the Inter23 national Emergency Economic Powers Act (50 

24 U.S.C. 1705) to the same extent as a person that 
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1 commits an unlawful act described in subsection (a) 

2 of that section. 

3 (3) EXCEPTION RELATING TO IMPORTATION OF

4 GOODS.—The requirement to block and prohibit all 

5 transactions in all property and interests in property 

6 under paragraph (1)(A) shall not include the author7 ity to impose sanctions on the importation of goods. 

8 (4) EXCEPTION TO COMPLY WITH UNITED NA9 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

10 under paragraph (1)(B) shall not apply to an alien 

11 if admitting the alien into the United States is nec12 essary to permit the United States to comply with 

13 the Agreement regarding the Headquarters of the 

14 United Nations, signed at Lake Success June 26, 

15 1947, and entered into force November 21, 1947, 

16 between the United Nations and the United States, 

17 or other applicable international obligations. 

18 (c) WAIVER.—The President may waive the applica19 tion of sanctions under subsection (b) with respect to a 

20 person if the President— 

21 (1) determines that such a waiver is in the na22 tional interest of the United States; and 

23 (2) on or before the date on which the waiver 

24 takes effect, submits to the Committee on Foreign 

25 Relations and the Committee on Banking Housing, 
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1 and Urban Affairs of the Senate and the Committee 

2 on Foreign Affairs and the Committee on Financial 

3 Services of the House of Representatives a notice of 

4 and justification for the waiver. 

5 (d) REGULATORY AUTHORITY.—The President shall 

6 issue such regulations, licenses, and orders as are nec7 essary to carry out this section. 

8 (e) TERMINATION.—The requirement to impose sanc9 tions under this section shall terminate on December 31, 

10 2016. 

11 (f) DEFINITIONS.—In this section: 

12 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

13 and ‘‘alien’’ have the meanings given those terms in 

14 section 101 of the Immigration and Nationality Act 

15 (8 U.S.C. 1101). 

16 (2) FINANCIAL INSTITUTION.—The term ‘‘fi17 nancial institution’’ has the meaning given that term 

18 in section 5312 of title 31, United States Code. 

19 (3) FOREIGN PERSON.—The term ‘‘foreign per20 son’’ means a person that is not a United States 

21 person. 

22 (4) GOOD.—The term ‘‘good’’ has the meaning 

23 given that term in section 16 of the Export Adminis24 tration Act of 1979 (50 U.S.C. App. 2415) (as con25 tinued in effect pursuant to the International Emer-
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1 gency Economic Powers Act (50 U.S.C. 1701 et 

2 seq.)). 

3 (5) KNOWINGLY.—The term ‘‘knowingly’’, with 

4 respect to conduct, a circumstance, or a result, 

5 means that a person has actual knowledge, or should 

6 have known, of the conduct, the circumstance, or the 

7 result. 

8 (6) MATERIALLY ASSISTED.—The term ‘‘mate9 rially assisted’’ means the provision of assistance 

10 that is significant and of a kind directly relevant to 

11 acts described in paragraph (1) or (2) of subsection 

12 (a). 

13 (7) UNITED STATES PERSON.—The term 

14 ‘‘United States person’’ means— 

15 (A) a United States citizen or an alien law16 fully admitted for permanent residence to the 

17 United States; or 

18 (B) an entity organized under the laws of 

19 the United States or of any jurisdiction within 

20 the United States, including a foreign branch of 

21 such an entity. 
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1 SEC. 6. REPORT ON BROADCASTING, INFORMATION DIS2 TRIBUTION, AND CIRCUMVENTION TECH3 NOLOGY DISTRIBUTION IN VENEZUELA. 

4 (a) IN GENERAL.—Not later than 30 days after the 

5 date of the enactment of this Act, the Chairman of the 

6 Broadcasting Board of Governors (in this section referred 

7 to as the ‘‘Board’’) shall submit to Congress a report that 

8 includes— 

9 (1) a thorough evaluation of the governmental, 

10 political, and technological obstacles faced by the 

11 people of Venezuela in their efforts to obtain accu12 rate, objective, and comprehensive news and infor13 mation about domestic and international affairs; 

14 (2) an assessment of current efforts relating to 

15 broadcasting, information distribution, and cir16 cumvention technology distribution in Venezuela, by 

17 the United States Government and otherwise; and 

18 (3) a strategy for expanding such efforts in 

19 Venezuela, including recommendations for additional 

20 measures to expand upon current efforts. 

21 (b) ELEMENTS.—The report required by subsection 

22 (a) shall include— 

23 (1) an assessment of the current level of Fed24 eral funding dedicated to broadcasting, information 

25 distribution, and circumvention technology distribu-
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1 tion in Venezuela by the Board before the date of 

2 the enactment of this Act; 

3 (2) an assessment of the extent to which the 

4 current level and type of news and related program5 ming and content provided by the Voice of America 

6 and other sources is addressing the informational 

7 needs of the people of Venezuela; and 

8 (3) recommendations for increasing broad9 casting, information distribution, and circumvention 

10 technology distribution in Venezuela. 

Passed the Senate December 8, 2014. 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION S. 2142 

AN ACT 

To impose targeted sanctions on persons responother purposes. strengthen civil society in Venezuela, and for antigovernment protesters in Venezuela, to sible for violations of human rights of