Senate on track to strengthen Russia human rights bill

The Senate is moving to strengthen a Russian human rights bill by ensuring it can be applied to human rights abusers worldwide – and by limiting the ability of the administration to hide the names of abusers. 



The bill is to be marked up by Senate Foreign Relations on Tuesday and Senate Finance plans to link it to must-pass Russia trade legislation next month.



A copy of the latest draft, obtained by The Hill on Tuesday, reveals the bill can be applied “anywhere in the world,” a broad application opposed by some big businesses.

Sen. Ben Cardin (D-Md.) said Tuesday that he also plans to offer an amendment to his own Russia human rights bill to ensure the Obama administration does not misuse a provision that allows it to keep the names of accused human rights abusers secret.



The bill, above all, is aimed at punishing those accused of killing Russian whistleblower Sergei Magnitsky. It would slap visa and banking restrictions on the accused. 



The bill allows the State Department to waive sanctions on national security grounds, and to name some abusers it does sanction in a classified annex.



Cardin said he will offer, and expects to see passed, an amendment to force State to justify the use of the annex to Congress.



“It is mainly to clarify a point to make sure there is congressional oversight to the use of the annex,” he told The Hill. He hasn’t polled the committee but said he expects the amendment not to be controversial. 



“There was some concern that the administration would use the annex to avoid public disclosure. I believe they will follow the law, which is public disclosure,” he added.



A copy of the amendment, obtained by The Hill, says that State must review the classified annex after 300 days and again justify to Congress keeping the names secret. 

The amendment makes clear that all other names must be published in the Federal Register.



Committee Ranking Member Sen. Richard Lugar (R-Ind.) said he expects Cardin’s amendment to pass.  He said he expects another amendment, to be offered by Sen. Bob Corker (R-Tenn.), to fail.

The Corker amendment would sunset the law after 5 years, according to a copy. 


Cardin is pleased that the revised version to be voted on will still apply to abuses outside of Russia.



Business lobbyists were able to limit the scope of the bill to Russia at an earlier House Foreign Affairs mark up. 



Cardin’s base bill applies to those who persecute those trying “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.” 



A revised version of the bill, worked out between Foreign Relations Chairman John Kerry (D-Mass) and State clarifies that this language applies “anywhere in the world.” 


Cardin predicted Senate floor action on his bill and the Russia permanent normal trade relations measure after the July 4 recess. 

Russia has threatened to retaliate if Congress moves forward with the bill.

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