S. 2058

119 S2058 IS: El Salvador Accountability Act of 2025
 U.S. Senate
 2025-06-12
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2058
  IN THE SENATE OF THE UNITED STATES
  June 12, 2025
  Mr. Van Hollen  (for himself,  Mr. Kaine , and  Mr.
  Padilla ) introduced the following bill; which was read twice and
  referred to the  Committee on Foreign
  Relations
  A BILL
To impose sanctions with respect to the regime of President Nayib Bukele in
  El Salvador, and for other purposes.
1.
Short title
This Act may be cited as the   El Salvador Accountability Act of 2025  .
2.
Definitions
In this Act:
(1)
Appropriate congressional committees
The term  appropriate congressional committees  means—
(A)
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B)
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
(2)
Foreign person
The term  foreign person  means an individual or entity that is not a United States person.
(3)
Gross violations of internationally recognized human rights
The term  gross violations of internationally recognized human rights  has the meaning given that term in section 502B(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(d) ).
(4)
Knowingly
The term  knowingly , with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(5)
Salvadoran entity
The term  Salvadoran entity  means an entity organized under the laws of, or otherwise subject to the jurisdiction of, El Salvador.
(6)
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;
(B)
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C)
any person located in the United States.
3.
Imposition of sanctions with respect to Bukele government in El Salvador
(a)
In general
The President shall impose the sanctions described in subsection (b) with respect to the following:
(1)
The President of El Salvador.
(2)
The Vice President of El Salvador.
(3)
The Minister of Foreign Relations of El Salvador.
(4)
The Minister of Defense of El Salvador.
(5)
The Minister of Economy of El Salvador.
(6)
The Minister of Finance of El Salvador.
(7)
The Minister of Government of El Salvador.
(8)
The Minister of Justice and Public Security of El Salvador.
(9)
The Vice Minister of Justice and Public Security of El Salvador.
(10)
The Minister of Tourism of El Salvador.
(11)
The Attorney General of El Salvador.
(12)
The President of the Central Reserve Bank of El Salvador.
(13)
Any foreign person in El Salvador, working on behalf of the Government of El Salvador, or who is a leader, official, or member of any Salvadoran entity, including a political party or government dependency, or a member of such a party or dependency, that, based on credible information—
(A)
has engaged in gross violations of internationally recognized human rights, or violated international law or international human rights standards, including in connection with the ongoing  state of exception  in El Salvador;
(B)
has engaged in the scheme, including by accepting United States taxpayer dollars, to deprive individuals residing in the United States of their rights under the Constitution of the United States; or
(C)
has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person that has engaged in activities described in subparagraph (A) or (B).
(b)
Sanctions described
The sanctions to be imposed under subsections (a) with respect to a person are the following:
(1)
Blocking of property
The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person described in subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2)
Aliens inadmissible for visas, admission, or parole
(A)
In general
In the case of an alien described in subsection (a), the alien is—
(i)
inadmissible to the United States;
(ii)
ineligible for a visa or other documentation to enter the United States; and
(iii)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ).
(B)
Current visas revoked
(i)
In general
The visa or other entry documentation of an alien described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation was issued.
(ii)
Immediate effect
A revocation under clause (i) shall—
(I)
take effect immediately; and
(II)
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(3)
Loans from United States financial institutions
The President shall prohibit United States financial institutions from making loans or extending credit to a person described in subsection (a).
(4)
Foreign exchange
The President shall prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which a person described in subsection (a) has any interest.
(c)
Reports required
(1)
Report on imposition of sanctions
Not later than 10 days after any imposition of sanctions under this section, the President shall provide written notification to the appropriate congressional committees regarding the imposition of such sanctions that includes a description of—
(A)
the person or persons subject to the imposition of such sanctions; and
(B)
the activities that led to the imposition of sanctions.
(2)
Annual reports
Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes—
(A)
a list of the persons with respect to which sanctions have been imposed under this section during the year preceding submission of the report;
(B)
a description of the activities that led to the imposition of such sanctions;
(C)
a description of any assistance provided by the United States to El Salvador during the year preceding submission of the report;
(D)
the full text of any written agreements, including grant agreements, made between the United States and the Government of El Salvador during that year;
(E)
a list of any officials of the Government of El Salvador who are, as of the date of the report, subject to sanctions under other sanctions authorities, including—
(i)
the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); and
(ii)
section 7031(c)(1)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of  Public Law 118–47 ;  8 U.S.C. 1182  note);
(F)
a determination of whether any of the individuals on the list required by subparagraph (E)—
(i)
has received, or is part of a government institution that has received, United States foreign assistance described in subparagraph (C); or
(ii)
is implementing a bilateral agreement described in subparagraph (D);
(G)
a determination of whether any nationals of El Salvador subject to sanctions under other sanctions authorities, or government institutions led by such nationals or of which such nationals are members, have received United States foreign assistance;
(H)
the full text of any written agreement between the United States and El Salvador pursuant to section 620M(c)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d(c)(1) ); and
(I)
a list of any units of the security forces of El Salvador prohibited from receiving United States foreign assistance under section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ).
(d)
Exceptions
(1)
Exception to comply with international agreements
Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force on November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna on April 24, 1963, and entered into force on March 19, 1967, or other international obligations of the United States.
(2)
Humanitarian exception
The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of basic human needs or humanitarian assistance.
(e)
Implementation; penalties
(1)
Implementation
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2)
Penalties
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 that section.
(f)
Termination
(1)
In general
Subject to paragraph (2), sanctions imposed under this section shall terminate if the President certifies to the appropriate congressional committees that the Government of El Salvador—
(A)
is no longer engaged in gross violations of internationally recognized human rights and is complying with international law and international human rights standards, including in connection with the ongoing  state of exception  in El Salvador; and
(B)
is no longer engaged in the scheme, including by accepting United States taxpayer dollars, to deprive individuals residing in the United States of their rights under the Constitution of the United States.
(2)
Limitation
The President may not submit the certification described in paragraph (1) before the date that is 4 years after the date of the enactment of this Act.
(3)
Sanctions snapback
Any sanctions terminated pursuant to paragraph (1) shall be reimposed with immediate effect if the President determines that the Government of El Salvador resumes engaging in gross violations of internationally recognized human rights or the scheme described in paragraph (1)(B).
(g)
Rulemaking
The head of any Federal agency responsible for the implementation of this section may prescribe such regulations as may be necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1704 ).
(h)
Rule of construction
Nothing in this section may be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ).
4.
Assistance to Government of El Salvador provided through international financial
  institutions
(a)
Restrictions
The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions to use the voice and vote of the United States in those institutions—
(1)
to oppose any loan or extension of financial or technical assistance to the Government of El Salvador; and
(2)
to suspend any such loan or assistance provided before the date of the enactment of this Act.
(b)
Exception for humanitarian purposes
Subsection (a) shall not apply to loans or financial or technical assistance provided for humanitarian purposes.
(c)
Termination
Subsection (a) shall terminate on the date on which the President submits a certification under section 3(f)(1).
(d)
International financial institution defined
In this section, the term  international financial institution  has the meaning given that term in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) ).
5.
Report on cryptocurrency as a vector for Bukele regime corruption
(a)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the actions of officials of the Government of El Salvador, including President Nayib Bukele, to use cryptocurrency as a mechanism for gross corruption, graft, and sanctions evasion.
(b)
Elements
The report required by subsection (a) shall include—
(1)
an estimate of the amount of funds used by the Government of El Salvador to buy Bitcoin and other cryptocurrencies;
(2)
a list of exchanges through which the Government of El Salvador bought Bitcoin and other cryptocurrencies;
(3)
the addresses of the locations where the Government of El Salvador deposited Bitcoin and other cryptocurrencies;
(4)
a list of individuals who have access to the Bitcoin and other cryptocurrencies bought by the Government of El Salvador;
(5)
an assessment of existing gaps in the use of Bitcoin and cryptocurrencies by the Government of El Salvador being exploited for corruption; and
(6)
an assessment of whether Bitcoin or other cryptocurrencies have been used in El Salvador as a vector to evade financial sanctions imposed on other countries.
(c)
Form; availability
(1)
Form
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(2)
Availability to public
The unclassified portion of the report required by subsection (a) shall be made available to the public on a publicly accessible internet website of the Department of State.
6.
Prohibition on making funds available to Government of El Salvador
None of the funds authorized to be appropriated or otherwise made available by Congress may be made available to the Government of El Salvador until the President submits a certification under section 3(f)(1).