text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Justice for Sergei Magnitsky Act of 
  2010''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The United States supports the people of the Russian 
          Federation in their efforts to realize their full economic 
          potential and to advance democracy, human rights, and the rule 
          of law.
              (2) The Russian Federation--
                      (A) is a member of the United Nations, the 
                  Organization for Security and Cooperation in Europe, 
                  and the International Monetary Fund;
                      (B) has ratified the Convention against Torture and 
                  Other Cruel, Inhuman or Degrading Treatment or 
                  Punishment, the International Covenant on Civil and 
                  Political Rights, the International Covenant on 
                  Economic, Social and Cultural Rights, and the United 
                  Nations Convention against Corruption; and
                      (C) is bound by the legal obligations set forth in 
                  the European Convention on Human Rights.
              (3) States voluntarily commit themselves to respect 
          obligations and responsibilities through the adoption of 
          international agreements and treaties, which must be observed 
          in good faith in order to maintain the stability of the 
          international order. Human rights are an integral part of 
          international law, and lie at the foundation of the 
          international order. The protection of human rights, therefore, 
          particularly in the case of a country that has incurred 
          obligations to protect human rights under an international 
          agreement to which it is a party, is not left exclusively to 
          the internal affairs of that country.
              (4) Good governance and anti-corruption measures are 
          instrumental in the protection of human rights and in achieving 
          sustainable economic growth, which benefits both the people of 
          the Russian Federation and the international community through 
          the creation of open and transparent markets.
              (5) Systemic corruption erodes trust and confidence in 
          democratic institutions, the rule of law, and human rights 
          protections. This is the case when public officials are allowed 
          to abuse their authority with impunity for political or 
          financial gains in collusion with private entities.
              (6) The President of the Russian Federation, Dmitry 
          Medvedev, has addressed corruption in many public speeches, 
          including stating in his 2009 address to Russia's Federal 
          Assembly, ``[Z]ero tolerance of corruption should become part 
          of our national culture. . . . In Russia we often say that 
          there are few cases in which corrupt officials are prosecuted. 
          . . . [S]imply incarcerating a few will not resolve the 
          problem. But incarcerated they must be.''. President Medvedev 
          went on to say, ``We shall overcome underdevelopment and 
          corruption because we are a strong and free people, and deserve 
          a normal life in a modern, prosperous democratic society.''. 
          Furthermore, President Medvedev has acknowledged Russia's 
          disregard for the rule of law and used the term ``legal 
          nihilism'' to describe a criminal justice system that continues 
          to imprison innocent people.
              (7) The systematic abuse of Sergei Magnitsky, including his 
          repressive arrest and torture in custody by the same officers 
          of the Ministry of the Interior of the Russian Federation that 
          Mr. Magnitsky had implicated in the embezzlement of funds from 
          the Russian Treasury and the misappropriation of 3 companies 
          from his client, Hermitage, reflects how deeply the protection 
          of human rights is affected by corruption.
              (8) The denial by all state bodies of the Russian 
          Federation of any justice or legal remedies to Mr. Magnitsky 
          during the nearly 12 full months he was kept without trial in 
          detention, and the impunity of state officials he testified 
          against for their involvement in corruption and the carrying 
          out of his repressive persecution since his death, shows the 
          politically motivated nature of the persecution of Mr. 
          Magnitsky.
              (9) Mr. Magnitsky died on November 16, 2009, at the age of 
          37, in Matrosskaya Tishina Prison in Moscow, Russia, and is 
          survived by a mother, a wife, and 2 sons.
              (10) There is extensive evidence that public officials from 
          the Ministry of the Interior of the Russian Federation, the 
          Russian federal tax authorities, the Prosecutor General's 
          Office of the Russian Federation, and the Russian Federal 
          Security Service, as well as regional courts and the prison 
          system of the Russian Federation, have abused their powers and 
          positions to commit serious human rights violations, embezzled 
          funds from the Russian Treasury, and retaliated against 
          whistleblowers.
              (11) While he was in detention, Sergei Magnitsky called 
          himself a hostage of officials who misappropriated companies 
          from his client, the Hermitage Fund, and embezzled funds from 
          the Russian Treasury. He said that his criminal prosecution, 
          arrest, and detention were organized as a retribution by police 
          officers who had the full knowledge of his innocence.
              (12) The Public Oversight Commission of the City of Moscow 
          for the Control of the Observance of Human Rights in Places of 
          Forced Detention, an organization empowered by Russian law to 
          independently monitor prison conditions, concluded, ``A man who 
          is kept in custody and is being detained is not capable of 
          using all the necessary means to protect either his life or his 
          health. This is a responsibility of a state which holds him 
          captive. Therefore, the case of Sergei Magnitsky can be 
          described as a breach of the right to life. The members of the 
          civic supervisory commission have reached the conclusion that 
          Magnitsky had been experiencing both psychological and physical 
          pressure in custody, and the conditions in some of the wards of 
          Butyrka can be justifiably called torturous. The people 
          responsible for this must be punished.''.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Admitted; alien; spouse.--The terms ``admitted'', 
          ``alien'', and ``spouse'' have the meanings given those terms 
          in section 101(a) of the Immigration and Nationality Act (8 
          U.S.C. 1101(a)).
              (2) Appropriate congressional committees.--The term 
          ``appropriate congressional committees'' means--
                      (A) the Committee on Foreign Affairs and the 
                  Committee on Financial Services of the House of 
                  Representatives; and
                      (B) the Committee on Foreign Relations and the 
                  Committee on Banking, Housing, and Urban Affairs of the 
                  Senate.
              (3) Financial institution; domestic financial agency; 
          domestic financial institution.--The terms ``financial 
          institution'', ``domestic financial agency'', and ``domestic 
          financial institution'' have the meanings given those terms in 
          section 5312 of title 31, United States Code.
              (4) Parent.--The term ``parent'' has the meaning given that 
          term in section 101(b) of the Immigration and Nationality Act 
          (8 U.S.C. 1101(b)).
              (5) United states person.--The term ``United States 
          person'' means--
                      (A) a United States citizen or an alien lawfully 
                  admitted for permanent residence to the United States; 
                  or
                      (B) an entity organized under the laws of the 
                  United States or of any jurisdiction within the United 
                  States, including a foreign branch of such an entity.
  
  SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION, 
                ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE 
                CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON 
                CERTAIN CORPORATE PROFITS.
  
      (a) In General.--Not later than 180 days after the date of the 
  enactment of this Act, the Secretary of State, in consultation with the 
  Secretary of the Treasury, shall publish a list of each individual the 
  Secretary has reason to believe--
              (1) is responsible for the detention, abuse, or death of 
          Sergei Magnitsky;
              (2) conspired to defraud the Russian Federation of taxes on 
          corporate profits through fraudulent transactions and lawsuits 
          against the foreign investment company known as Hermitage and 
          to misappropriate entities owned or controlled by Hermitage; or
              (3) participated in efforts to conceal the detention, 
          abuse, or death of Sergei Magnitsky described in paragraph (1) 
          or the existence of the conspiracy described in paragraph (2).
      (b) Updates.--The Secretary of State shall update the list required 
  by subsection (a) as new information becomes available.
      (c) Notice.--The Secretary of State shall, to the maximum extent 
  practicable, provide notice and an opportunity for a hearing to an 
  individual before the individual is placed on the list required by 
  subsection (a).
  
  SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.
  
      (a) Ineligibility for Visas.--An alien is ineligible to receive a 
  visa to enter the United States and ineligible to be admitted to the 
  United States if the alien--
              (1) is an individual on the list required by section 4(a); 
          or
              (2) is the spouse, son, daughter, or parent of an 
          individual on that list.
      (b) Current Visas Revoked.--The Secretary of State shall revoke, in 
  accordance with section 221(i) of the Immigration and Nationality Act 
  (8 U.S.C. 1201(i)), the visa or other documentation of any alien who 
  would be ineligible to receive such a visa or documentation under 
  subsection (a).
      (c) Waiver for National Interests.--The Secretary of State may 
  waive the application of subsection (a) or (b) in the case of an alien 
  if the Secretary determines that such a waiver is in the national 
  interests of the United States. Upon granting such a waiver, the 
  Secretary shall provide to the appropriate congressional committees 
  notice of, and a justification for, the waiver.
  
  SEC. 6. FINANCIAL MEASURES.
  
      (a) Special Measures.--The Secretary of the Treasury shall instruct 
  domestic financial institutions and domestic financial agencies to take 
  1 or more special measures described in section 5318A(b) of title 31, 
  United States Code, if the Secretary of the Treasury makes a 
  determination under section 5318A of such title with respect to money 
  laundering relating to the conspiracy described in section 4(a)(2).
      (b) Freezing of Assets.--The Secretary of the Treasury shall freeze 
  and prohibit all transactions in all property and interests in property 
  of an individual that are in the United States, that come within the 
  United States, or that are or come within the possession or control of 
  a United States person if the individual--
              (1) is on the list required by section 4(a); or
              (2) acts as an agent of or on behalf of an individual on 
          the list in a matter relating to an act described in paragraph 
          (1), (2), or (3) of section 4(a).
      (c) Waiver for National Interests.--The Secretary of the Treasury 
  may waive the application of subsection (a) or (b) if the Secretary 
  determines that such a waiver is in the national interests of the 
  United States. Upon granting such a waiver, the Secretary shall provide 
  to the appropriate congressional committees notice of, and a 
  justification for, the waiver.
      (d) Regulatory Authority.--The Secretary of the Treasury shall 
  issue such regulations, licenses, and orders as are necessary to carry 
  out this section.
      (e) Enforcement.--A person that violates, attempts to violate, 
  conspires to violate, or causes a violation of this section or any 
  regulation, license, or order issued to carry out this section shall be 
  subject to the penalties set forth in subsections (b) and (c) of 
  section 206 of the International Emergency Economic Powers Act (50 
  U.S.C. 1705) to the same extent as a person that commits an unlawful 
  act described in subsection (a) of such section.
  
  SEC. 7. REPORT TO CONGRESS.
  
      (a) In General.--Not later than 180 days after the date of the 
  enactment of this Act, the Secretary of State and the Secretary of the 
  Treasury shall submit to the appropriate congressional committees a 
  report on the actions taken to carry out this Act.
      (b) Updates.--The Secretary of State and the Secretary of the 
  Treasury shall submit an updated version of the report required by 
  subsection (a) as new information becomes available.
  
  SEC. 8. EFFECTIVE DATE.
  
      This Act shall take effect on the date that is 90 days after the 
  date of the enactment of this Act.
  
  SEC. 9. TERMINATION.
  
      The provisions of this Act shall cease to be effective on the date 
  on which the Secretary of State and the Secretary of the Treasury 
  certify to the appropriate congressional committees that--
              (1) the Government of the Russian Federation has conducted 
          a thorough and impartial investigation into--
                      (A) the detention, abuse, and resulting death in 
                  custody of Sergei Magnitsky; and
                      (B) the conspiracy (described in section 4(a)(2)) 
                  to defraud the Russian Federation of taxes on corporate 
                  profits and to misappropriate entities owned or 
                  controlled by Hermitage;
              (2) the investigation described in paragraph (1) was 
          properly conducted, transparent, and free of political 
          influence;
              (3) the individuals responsible for the detention, abuse, 
          or resulting death of Sergei Magnitsky or for the conspiracy 
          referred to in paragraph (1)(B) have been brought to justice 
          according to the laws of the Russian Federation and pursuant to 
          the international legal obligations of the Russian Federation; 
          and
              (4) the Government of the Russian Federation--
                      (A) has taken significant steps to bring the 
                  criminal justice system and penal system of the Russian 
                  Federation into compliance with applicable 
                  international legal standards;
                      (B) has substantially strengthened statutory 
                  protections for individuals who disclose evidence of 
                  illegal government activities; and
                      (C) has recognized the contribution of Sergei 
                  Magnitsky to the fight against corruption and for the 
                  rule of law.
target: Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities; or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy.
  
  Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest.
  
   Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the U.S. national interest.
  
  States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; and (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law.
feat_title: A bill to require the Secretary of State to identify individuals responsible for the detention, abuse, or death of Sergei Magnitsky or for the conspiracy to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage, and to impose a visa ban and certain financial measures with respect to such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes.