[Senate Report 113-175]
[From the U.S. Government Publishing Office]
Calendar No. 401
113th Congress Report
SENATE
2nd Session 113-175
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THE VENEZUELA DEFENSE OF HUMAN RIGHTS AND CIVIL SOCIETY ACT OF 2014
_______
May 22, 2014.--Ordered to be printed
Mr. Menendez, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 2142]
The Committee on Foreign Relations, to which was referred
the bill (S. 2142), 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, having considered the same,
reports favorably thereon, with amendments, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................2
III. Discussion.......................................................2
IV. Cost Estimate....................................................3
V. Evaluation of Regulatory Impact..................................4
VI. Changes in Existing Law..........................................4
I. PURPOSE
The purpose of S. 2142 is to outline a framework for
responding to the acts of violence committed by members of
Venezuela's state security forces and intelligence services,
and the use of the Venezuelan justice system for the purposes
of political persecution against the country's citizens. S.
2142 directs the President to apply targeted sanctions against
those individuals, including members of the government, public
security forces, and armed civilian groups, who have
perpetrated, ordered or directed acts of violence or human
rights abuses in Venezuela against antigovernment protestors,
or have directed or ordered the arrest or prosecution of a
person primarily because of the person's legitimate exercise of
freedom of expression or assembly. Additionally, S. 2142
authorizes $15 million in funding to help strengthen Venezuelan
civil society by supporting the defense of internationally
recognized human rights, the promotion of efforts by
independent media outlets to broadcast and distribute objective
news and content, the expansion of unrestricted internet
access, and the strengthening of government transparency and
accountability. S.2142 also calls for a report on obstacles to
access objective media content in Venezuela, current efforts by
the United States Government to address these challenges, and a
strategy for expanding existing programs.
II. COMMITTEE ACTION
S. 2142 was introduced on March 13, 2014, by Senator
Menendez and co-sponsored by Senators Rubio, Nelson, Kirk, and
McCain. On May 20, 2014, the committee considered S. 2142 and
ordered it reported favorably by voice vote, with amendments.
Senators Corker and Udall asked to be recorded as voting no.
III. DISCUSSION
A section-by-section discussion of the legislation follows:
Section 1
Section 1 names the bill.
Section 2
Section 2 presents key findings regarding Venezuela's
growing economic crisis, alarming levels of criminal violence,
and the erosion of democratic governance, freedom of
expression, and freedom of the press.
Section 3
Section 3 states that it is the sense of the Congress that
the United States seeks a mutually beneficial relationship with
Venezuela based on respect for human rights and the rule of
law, and a productive relationship on public security issues
such as counternarcotics and counterterrorism, and that the
U.S. supports the Venezuelan people in their efforts to realize
their economic potential and to advance representative
democracy, human rights, and the rule of law. The section goes
on to hold the Government of Venezuela responsible for the
chronic mismanagement of its economy, the levels of criminal
violence in the country, and the undermining of democratic
governance, and states that it was these crisis conditions that
prompted the demonstrations taking place throughout Venezuela.
The section concludes by expressing the view that the repeated
use of violence perpetrated by Venezuela's government, as well
as persons acting on their behalf, against government
protestors is intolerable, and that the use of unprovoked
violence by the protestors is also a matter of very serious
concern.
Section 4
Section 4 sets forth the policy of the United States
towards Venezuela, which is to support the democratic
aspirations of the Venezuelan people as defined under the
Inter-American Democratic Charter, to work in concert with the
members of the Organization of American States and the European
Union to ensure the immediate end of violence against
protesters and a peaceful resolution of the current crisis, and
to hold accountable government and security officials either
responsible for or complicit in the use of force against
antigovernment protestors.
Section 5
Section 5 requires the President to impose sanctions on
persons, including current and former officials of the
Government of Venezuela, that he determines have perpetrated,
ordered or directed acts of violence or human rights abuses in
Venezuela against antigovernment protestors, or have directed
or ordered the arrest or prosecution of a person primarily
because of the person's legitimate exercise of freedom of
expression or assembly. Sanctions are also to be imposed upon
those who materially assisted, sponsored or supported those who
carried out the above activities. The sanctions to be imposed
include asset blocking, or using all powers granted to the
President by the International Emergency Economic Powers Act to
block and prohibit all transactions in property in the United
States, or in the possession and control of a U.S person, and
the denial and revocation of visas and other documents in
accordance with the Immigration and Nationality Act. Sanctions
may be waived if the President determines that a waiver is in
the interest of national security, or submits to the relevant
congressional committees notice and justification for the
waiver.
Section 6
Section 6 authorizes $15 million in Fiscal Year 2015 for
the purposes of defending human rights, building the capacity
of democratic civil society, supporting independent media
outlets and unrestricted access to the internet, improving
government transparency and accountability, assisting civil
society activists, journalists and protesters that have been
targeted for their activities, and providing support for
democratic organizing and election monitoring. Following
enactment, the President has 60 days to submit a strategy for
implementing these activities to the relevant committees in the
Senate and the House of Representatives.
Section 7
Section 7 requires, within 30 days of enactment, that the
Chairman of the Broadcasting Board of Governors submit to
Congress a report that includes an evaluation of the
governmental, political, and technological obstacles faced by
the Venezuelan people in their efforts to obtain accurate and
objective news, an assessment of current efforts relating to
broadcasting, information distribution, and circumvention
technology distribution in Venezuela, by the United States
Government, and a strategy for expanding such efforts in
Venezuela.
IV. COST ESTIMATE
In accordance with Rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee notes that the cost
estimate provided by the Congressional Budget Office was not
available for inclusion in this report. The estimate will be
printed in either a supplemental report or the Congressional
Record when it is available.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VI. CHANGES IN EXISTING LAW
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, the committee has determined that there is
no change to existing law made by the bill, as reported.