Sec. 404. IDENTIFICATION OF PERSONS RESPONSIBLE FOR THE DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY AND OTHER GROSS VIOLATIONS OF HUMAN RIGHTS
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## SEC. 404 IDENTIFICATION OF PERSONS RESPONSIBLE FOR THE DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY AND OTHER GROSS VIOLATIONS OF HUMAN RIGHTS ###
(a)In General Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of each person who the President determines, based on credible information— ####
(1)is responsible for the detention, abuse, or death of Sergei Magnitsky, participated in efforts to conceal the legal liability for the detention, abuse, or death of Sergei Magnitsky, financially benefitted from the detention, abuse, or death of Sergei Magnitsky, or was involved in the criminal conspiracy uncovered by Sergei Magnitsky; ####
(2)is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals seeking— #####
(A)to expose illegal activity carried out by officials of the Government of the Russian Federation; or #####
(B)to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections, in Russia; or ####
(3)acted as an agent of or on behalf of a person in a matter relating to an activity described in paragraph
(1)or (2). ###
(b)Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection
(a)as new information becomes available. ###
(c)Form ####
(1)In general The list required by subsection
(a)shall be submitted in unclassified form. ####
(2)Exception The name of a person to be included in the list required by subsection
(a)may be submitted in a classified annex only if the President— #####
(A)determines that it is vital for the national security interests of the United States to do so; #####
(B)uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and #####
(C)15 days prior to submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1), (2), or
(3)of subsection (a). ####
(3)Consideration of data from other countries and nongovernmental organizations In preparing the list required by subsection (a), the President shall consider information provided by the chairperson and ranking member of each of the appropriate congressional committees and credible data obtained by other countries and nongovernmental organizations, including organizations inside Russia, that monitor the human rights abuses of the Government of the Russian Federation. ####
(4)Public availability The unclassified portion of the list required by subsection
(a)shall be made available to the public and published in the Federal Register. ###
(d)Removal From List A person may be removed from the list required by subsection
(a)if the President determines and reports to the appropriate congressional committees not less than 15 days prior to the removal of the person from the list that— ####
(1)credible information exists that the person did not engage in the activity for which the person was added to the list; ####
(2)the person has been prosecuted appropriately for the activity in which the person engaged; or ####
(3)the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the person engaged, and has credibly committed to not engage in the types of activities specified in paragraphs
(1)through
(3)of subsection (a). ###
(e)Requests by Chairperson and Ranking Member of Appropriate Congressional Committees ####
(1)In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. ####
(2)Form The President may submit a response required by paragraph
(1)in classified form if the President determines that it is necessary for the national security interests of the United States to do so. ####
(3)Removal If the President removes from the list required by subsection
(a)a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that such is necessary for the national security interests of the United States. ###
(f)Nonapplicability of Confidentiality Requirement With Respect to Visa Records The President shall publish the list required by subsection
(a)without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.
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Sec. 404
IDENTIFICATION OF PERSONS RESPONSIBLE FOR THE DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY AND OTHER GROSS VIOLATIONS OF HUMAN RIGHTS
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