[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1025 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1025
To provide humanitarian relief to the Venezuelan people and Venezuelan
migrants, to advance a constitutional and democratic solution to
Venezuela's political crisis, to address Venezuela's economic
reconstruction, to combat public corruption, narcotics trafficking, and
money laundering, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2019
Mr. Menendez (for himself, Mr. Rubio, Mr. Durbin, Mr. Cruz, Mr. Cardin,
Mr. Cornyn, Mr. Kaine, Mr. Young, Mrs. Shaheen, Mr. Graham, Mr. Bennet,
Mr. Barrasso, Mr. Coons, Mr. Cassidy, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To provide humanitarian relief to the Venezuelan people and Venezuelan
migrants, to advance a constitutional and democratic solution to
Venezuela's political crisis, to address Venezuela's economic
reconstruction, to combat public corruption, narcotics trafficking, and
money laundering, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Venezuela
Emergency Relief, Democracy Assistance, and Development Act of 2019''
or the ``VERDAD Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
Sec. 2. Defined term.
TITLE I--SUPPORT FOR THE INTERIM PRESIDENT OF VENEZUELA AND RECOGNITION
OF THE VENEZUELAN NATIONAL ASSEMBLY
Sec. 101. Findings; sense of Congress in support of the Interim
President of Venezuela.
Sec. 102. Recognition of Venezuela's democratically elected National
Assembly.
Sec. 103. Advancing a negotiated solution to Venezuela's crisis.
TITLE II--HUMANITARIAN RELIEF FOR VENEZUELA
Sec. 201. Humanitarian relief for the Venezuelan people.
Sec. 202. Humanitarian assistance to Venezuelans in neighboring
countries.
Sec. 203. Requirement for strategy to coordinate international
humanitarian assistance.
Sec. 204. Support for efforts at the United Nations on the humanitarian
crisis in Venezuela.
Sec. 205. Sanctions exceptions for humanitarian assistance.
TITLE III--ADDRESSING REGIME COHESION
Sec. 301. Classified report on declining cohesion inside the Venezuelan
military and the Maduro regime.
Sec. 302. Additional restrictions on visas.
Sec. 303. Waiver for sanctioned officials that recognize the Interim
President of Venezuela.
TITLE IV--RESTORING DEMOCRACY AND ADDRESSING THE POLITICAL CRISIS IN
VENEZUELA
Sec. 401. Special Envoy for Venezuela and Task Force on Venezuela.
Sec. 402. Support for the Lima Group.
Sec. 403. Accountability for crimes against humanity.
Sec. 404. Upholding the Organization of American States Inter-American
Democratic Charter.
Sec. 405. Support for international election observation and democratic
civil society.
TITLE V--SUPPORTING THE RECONSTRUCTION OF VENEZUELA
Sec. 501. Engaging international financial institutions to advance the
reconstruction of Venezuela's economy and
energy infrastructure.
Sec. 502. Recovering assets stolen from the Venezuelan people.
TITLE VI--RESTORING THE RULE OF LAW IN VENEZUELA
Sec. 601. Developing and implementing a coordinated sanctions strategy
with partners in the Western Hemisphere and
the European Union.
Sec. 602. Classified briefing on the involvement of Venezuelan
officials in corruption and illicit
narcotics trafficking.
Sec. 603. Sanctions on persons responsible for public corruption and
undermining democratic governance.
Sec. 604. Public information about sanctioned officials.
Sec. 605. Financial sanctions on Maduro regime debt.
Sec. 606. Additional financial sanctions on Maduro regime debt.
Sec. 607. Expanding kingpin sanctions on narcotics trafficking and
money laundering.
Sec. 608. Sanctions on the Maduro regime's trade in gold.
Sec. 609. Concerns over PDVSA transactions with Rosneft.
Sec. 610. Classified briefing on activities of certain foreign
governments and actors in Venezuela.
TITLE VII--CRYPTOCURRENCY SANCTIONS AND ENSURING THE EFFECTIVENESS OF
UNITED STATES SANCTIONS
Sec. 701. Sanctions on Venezuela's cryptocurrency and the provision of
related technologies.
Sec. 702. Report on the impact of cryptocurrencies on United States
sanctions.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Congressional briefings.
Sec. 802. Extension and termination of sanctions against Venezuela.
SEC. 2. DEFINED TERM.
In this Act, the term ``Maduro regime'' means any ministry, agency,
political subdivision, or instrumentality of the Government of
Venezuela, including the Central Bank of Venezuela and Petroleos de
Venezuela, S.A., any branch of the Venezuelan armed forces, and any
person owned or controlled by, or acting for or on behalf of, the
Government of Venezuela that remain under the control of Nicolas Maduro
or the subsequent control of a person that comes to power through any
means other than--
(1) a free, fair, and transparent democratic election that
is monitored by credible international observers; or
(2) the appointment by Venezuela's democratically elected
National Assembly of an Interim President with a mandate to
convene elections described in paragraph (1); and
(3) a negotiation process described in section 103.
TITLE I--SUPPORT FOR THE INTERIM PRESIDENT OF VENEZUELA AND RECOGNITION
OF THE VENEZUELAN NATIONAL ASSEMBLY
SEC. 101. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE INTERIM
PRESIDENT OF VENEZUELA.
(a) Findings.--Congress makes the following findings:
(1) Venezuela's electoral event on May 20, 2018, was
characterized by widespread fraud and did not comply with
international standards for a free, fair, and transparent
electoral process.
(2) Given the fraudulent nature of Venezuela's May 20,
2018, electoral event, Nicolas Maduro's tenure as President of
Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a
resolution on January 15, 2019, that terminated Nicolas
Maduro's authority as the President of Venezuela.
(4) On January 23, 2019, the President of the National
Assembly of Venezuela was sworn in as the Interim President of
Venezuela.
(5) The United States Government, the Governments of
Albania, Andorra, Argentina, Australia, Austria, Bahamas,
Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica,
Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic,
Ecuador, Estonia, Finland, France, Georgia, Germany, Guatemala,
Haiti, Honduras, Iceland, Ireland, Israel, Japan, Kosovo,
Latvia, Lithuania, Luxembourg, North Macedonia, Malta,
Montenegro, Morocco, Netherlands, Panama, Paraguay, Peru,
Poland, Portugal, Romania, South Korea, Spain, Sweden,
Switzerland, Ukraine, and the United Kingdom, the Secretary
General of the Organization of American States, and the
European Parliament have all recognized National Assembly
President Juan Guaido as the Interim President of Venezuela.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support the decisions by the United States
Government, more than 50 governments around the world, the
Secretary General of the Organization of American States, and
the European Parliament to recognize National Assembly
President Juan Guaido as the Interim President of Venezuela;
(2) to encourage the Interim President of Venezuela to
advance efforts to hold democratic presidential elections in
the shortest possible period; and
(3) that the Organization of American States, with support
from the United States Government and partner governments,
should provide diplomatic, technical, and financial support for
a new presidential election in Venezuela that complies with
international standards for a free, fair, and transparent
electoral processes.
SEC. 102. RECOGNITION OF VENEZUELA'S DEMOCRATICALLY ELECTED NATIONAL
ASSEMBLY.
(a) Findings.--Congress finds that Venezuela's unicameral National
Assembly convened on January 6, 2016, following democratic elections
that were held on December 6, 2015.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Venezuela's democratically elected National Assembly is
the only national level democratic institution remaining in the
country; and
(2) actions taken by the Maduro regime that require
legislative approval, ratification, or concurrence, including
the provision or refinancing of debts, should only be
recognized as legitimate by the United States and the
international community if such legislative actions are
authorized by the democratically elected National Assembly of
the Bolivarian Republic of Venezuela.
(c) Policy.--It is the policy of the United States to recognize the
democratically elected National Assembly of Venezuela as the only
legitimate national legislative body in Venezuela.
(d) Assistance to Venezuela's National Assembly.--The Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development, shall prioritize efforts to
provide technical assistance to support the democratically elected
National Assembly of Venezuela in accordance with section 406.
SEC. 103. ADVANCING A NEGOTIATED SOLUTION TO VENEZUELA'S CRISIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) direct, credible negotiations led by the Interim
President of Venezuela and members of Venezuela's
democratically elected National Assembly--
(A) are supported by stakeholders in the
international community that have recognized the
Interim President of Venezuela;
(B) include the input and interests of Venezuelan
civil society; and
(C) represent the best opportunity to reach a
solution to the Venezuelan crisis that includes--
(i) holding a new presidential election
that complies with international standards for
a free, fair, and transparent electoral
process;
(ii) ending Nicolas Maduro's usurpation of
presidential authorities;
(iii) restoring democracy and the rule of
law;
(iv) freeing political prisoners; and
(v) facilitating the delivery of
humanitarian aid;
(2) dialogue between the Maduro regime and political
opposition that commenced in October 2017, and were supported
by the Governments of Mexico, of Chile, of Bolivia, and of
Nicaragua, did not result in an agreement because the Maduro
regime failed to credibly participate in the process; and
(3) negotiations between the Maduro regime and political
opposition that commenced in October 2016, and were supported
by the Vatican, did not result in an agreement because the
Maduro regime failed to credibly participate in the process.
(b) Policy.--It is the policy of the United States to support
diplomatic engagement in order to advance a negotiated and peaceful
solution to Venezuela's political, economic, and humanitarian crisis
that is described in subsection (a)(1).
TITLE II--HUMANITARIAN RELIEF FOR VENEZUELA
SEC. 201. HUMANITARIAN RELIEF FOR THE VENEZUELAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should expand efforts to
peacefully address Venezuela's humanitarian crisis; and
(2) humanitarian assistance--
(A) should be provided directly to the people of
Venezuela; and
(B) should not be passed through the control or
distribution mechanisms of the Maduro regime.
(b) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall work through international and nongovernmental
organizations to provide humanitarian assistance to individuals and
communities in Venezuela, including--
(1) public health commodities to Venezuelan health
facilities and services, including medicines on the World
Health Organization's Model List of Essential Medicines and
basic medical supplies and equipment;
(2) the basic food commodities and nutritional supplements
needed to address growing malnutrition and improve food
security for the people of Venezuela, with a specific emphasis
on the most vulnerable populations; and
(3) technical assistance to ensure that health and food
commodities are appropriately selected, procured, and
distributed.
(c) Strategy Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development shall submit a strategy for
carrying out the activities described in subsection (b) to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Additional elements.--The strategy required under
paragraph (1) shall be based on independent assessments of the
humanitarian crisis in Venezuela, including assessments by
nongovernmental organizations and the United Nations
humanitarian agencies listed in section 204(a).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $200,000,000 for fiscal year 2019 to
carry out the activities set forth in subsection (b) in
accordance with this section.
(2) Notification requirement.--
(A) In general.--Except as provided under
subparagraph (B), amounts appropriated or otherwise
made available pursuant to paragraph (1) may not be
obligated until 15 days after the date on which the
President provides notice to the committees listed in
subsection (c)(1) of the intent to obligate such funds.
(B) Waiver.--
(i) In general.--The Secretary of State may
waive the requirement under subparagraph (A) if
the Secretary of State determines that such
requirement would pose a substantial risk to
human health or welfare.
(ii) Notification requirement.--If a waiver
is invoked under clause (i), the President
shall notify the committees listed in
subsection (c)(1) of the intention to obligate
funds under this section as early as
practicable, but not later than 3 days after
taking the action to which such notification
requirement was applicable in the context of
the circumstances necessitating such waiver.
SEC. 202. HUMANITARIAN ASSISTANCE TO VENEZUELANS IN NEIGHBORING
COUNTRIES.
(a) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall work through international and nongovernmental
organizations to provide Venezuelans in neighboring countries with
humanitarian aid, such as--
(1) urgently needed health and nutritional assistance,
including logistical and technical assistance to hospitals and
health centers in affected communities;
(2) food assistance for vulnerable individuals, including
assistance to improve food security for affected communities;
and
(3) hygiene supplies and sanitation services.
(b) Additional Elements.--The assistance described in subsection
(a)--
(1) may be provided--
(A) directly to Venezuelans in neighboring
countries; or
(B) indirectly through the communities in which the
Venezuelans reside; and
(2) should focus on the most vulnerable Venezuelans in
neighboring countries.
(c) Strategy Requirement.--The strategy required under section
201(c) shall include a strategy for carrying out the activities
described in subsection (a).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $200,000,000 for fiscal year 2019 to
carry out the activities set forth in subsection (a) in
accordance with this section.
(2) Notification requirement.--
(A) In general.--Except as provided under
subparagraph (B), amounts appropriated or otherwise
made available pursuant to paragraph (1) may not be
obligated until 15 days after the date on which the
President provides notice to the committees listed in
section 201(c)(1) of the intent to obligate such funds.
(B) Waiver.--
(i) In general.--The Secretary of State may
waive the requirement under subparagraph (A) if
the Secretary determines that such requirement
would pose a substantial risk to human health
or welfare.
(ii) Notification requirement.--If a waiver
is invoked under clause (i), the President
shall notify the committees listed in section
201(c)(1) of the intention to obligate funds
under this section as early as practicable, but
not later than 3 days after taking the action
to which such notification requirement was
applicable in the context of the circumstances
necessitating such waiver.
SEC. 203. REQUIREMENT FOR STRATEGY TO COORDINATE INTERNATIONAL
HUMANITARIAN ASSISTANCE.
(a) Strategy.--The strategy required under section 201(c) shall
include a multiyear strategy that--
(1) describes United States diplomatic efforts to ensure
support from international donors, including regional partners
in Latin America and the Caribbean, for the provision of
humanitarian assistance to the people of Venezuela;
(2) identifies governments that are willing to provide
financial and technical assistance for the provision of such
humanitarian assistance to the people of Venezuela and a
description of such assistance; and
(3) identifies the financial and technical assistance to be
provided by multilateral institutions, including the United
Nations humanitarian agencies listed in section 104(a), the Pan
American Health Organization, the Inter-American Development
Bank, and the World Bank, and a description of such assistance.
(b) Diplomatic Engagement.--The Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, shall work with relevant foreign governments and
multilateral organizations to coordinate a donors summit and carry out
diplomatic engagement to advance the strategy described in subsection
(a).
SEC. 204. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE HUMANITARIAN
CRISIS IN VENEZUELA.
(a) Sense of Congress.--It is the sense of Congress that the United
Nations humanitarian agencies, including the Office for the
Coordination of Humanitarian Affairs, the World Health Organization,
the Pan American Health Organization, the Food and Agriculture
Organization, UNICEF, and the United Nations High Commissioner for
Refugees, should conduct and publish independent assessments
regarding--
(1) the extent and impact of the shortages of food,
medicine, and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal
and child mortality rates and the prevalence and treatment of
communicable diseases; and
(3) the efforts needed to resolve the shortages identified
in paragraph (1) and to improve the health indicators referred
to in paragraph (2).
(b) Initial Efforts.--The President shall instruct the Permanent
Representative of the United States to the United Nations to use the
voice and vote of the United States in the United Nations Security
Council to secure the necessary votes--
(1) to place the humanitarian and political crisis in
Venezuela on the United Nations Security Council's Programme of
Work; and
(2) to secure a Presidential Statement from the President
of the United Nations Security Council urging the Maduro
regime--
(A) to allow the delivery of humanitarian relief;
and
(B) to lift bureaucratic impediments or any other
obstacles preventing independent nongovernmental
organizations from providing the proper assistance to
the people of Venezuela without any interference by the
Maduro regime.
(c) United Nations Humanitarian Coordinator.--The President shall
instruct the Permanent Representative to the United Nations to use the
voice and influence of the United States to advance the appointment of
a United Nations Humanitarian Coordinator for Venezuela to lead and
coordinate the efforts of humanitarian organizations in a manner that
contributes to Venezuela's long-term recovery.
(d) Additional Efforts.--
(1) In general.--If the Maduro regime refuses to allow the
delivery of humanitarian relief and to lift bureaucratic
impediments and any other obstacles described in subsection
(b)(2)(B), the President, beginning not later than 30 days
after the conclusion of the efforts of the United Nations
described in such subsection, shall instruct the Permanent
Representative of the United States to the United Nations to
use the voice and vote of the United States to secure the
adoption of a resolution described in paragraph (2).
(2) Resolution described.--The resolution described in this
paragraph is a Resolution of the United Nations Security
Council that--
(A) requires the Maduro regime to promptly allow
safe and unhindered access for humanitarian agencies
and their implementing partners, including possible
support from neighboring countries; and
(B) calls on the Maduro regime--
(i) to allow the delivery of food and
medicine to the people of Venezuela;
(ii) to end human rights violations against
the people of Venezuela;
(iii) to agree to free, fair, and
transparent elections with credible
international observers;
(iv) to cease violence against the people
of Venezuela; and
(v) to release all political prisoners held
by the Maduro regime.
SEC. 205. SANCTIONS EXCEPTIONS FOR HUMANITARIAN ASSISTANCE.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(b) In General.--Any transaction for the sale of agricultural
commodities, food, medicine, or medical devices to Venezuela or for the
provision of humanitarian assistance to the people of Venezuela, and
any transaction that is incidental or necessary to any such
transaction, regardless of whether the transactions or provision of
humanitarian assistance originate in, or have a connection to, the
United States, shall be exempt from United States sanctions, including
sanctions described in--
(1) sections 603, 605, 606, 608, and 701;
(2) the Venezuela Defense of Human Rights and Civil Society
Act of 2014 (Public Law 113-278); or
(3) Executive Orders 13692, 13808, 13827, 13835, 13850, and
13857.
TITLE III--ADDRESSING REGIME COHESION
SEC. 301. CLASSIFIED REPORT ON DECLINING COHESION INSIDE THE VENEZUELAN
MILITARY AND THE MADURO REGIME.
(a) Reporting Requirement.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State, acting through
the Bureau of Intelligence and Research, and in coordination with the
Director of National Intelligence, shall submit a classified report to
the appropriate congressional committees that assesses the declining
cohesion inside the Venezuelan military and security forces and the
Maduro regime.
(b) Additional Elements.--The report submitted under subsection (a)
shall--
(1) identify senior members of the Venezuelan military and
the Maduro regime, including generals, admirals, cabinet
ministers, deputy cabinet ministers, and the heads of
intelligence agencies, whose loyalty to Nicolas Maduro is
declining;
(2) describe the factors that would accelerate the decision
making of individuals identified in paragraph (1)--
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela
and his government; and
(3) assess and detail the massive number of desertions and
defections that have occurred at the officer and enlisted
levels inside the Venezuelan military and security forces.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 302. ADDITIONAL RESTRICTIONS ON VISAS.
(a) In General.--The Secretary of State shall impose the visa
restrictions described in subsection (c) on any current or former
official of the Maduro regime, or any foreign person acting on behalf
of such regime, who the Secretary determines--
(1) is responsible for, is complicit in, is responsible for
ordering, controlling, or otherwise directing, or is knowingly
participating in (directly or indirectly) any activity in or in
relation to Venezuela, on or after January 23, 2019, that
undermines or threatens the integrity of--
(A) the democratically elected National Assembly of
Venezuela; or
(B) the President of such National Assembly, while
serving as Interim President of Venezuela, or the
government officials under the supervision of such
President;
(2) is the spouse or child of a foreign person described in
paragraph (1); or
(3) is the spouse or child of a foreign person described or
identified under--
(A) section 5(a) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-
278), as amended by section 603 of this Act;
(B) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note)
and 13850.
(b) Removal From Visa Revocation List.--If a person described in
subsection (a)(1) or in subparagraphs (A) through (C) of subsection
(a)(3) publicly recognizes and pledges supports for the Interim
President of Venezuela and the government officials supervised by such
Interim President, any family members of such person who were subject
to visa restrictions pursuant to paragraph (2) or (3) of such
subsection shall no longer be subject to such visa restrictions.
(c) Visa Restrictions Described.--
(1) Exclusion from the united states and revocation of visa
or other documentation.--Subject to paragraph (2) and
subsection (b), an alien described in subsection (a)--
(A) is inadmissible to the United States;
(B) is ineligible to receive a visa or other
documentation authorizing entry into the United States;
(C) is otherwise ineligible to be admitted or
paroled into the United States or to receive any
benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); and
(D) shall, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
have his or her visa or other documentation revoked,
regardless of when the visa or other documentation was
issued.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1) shall not apply to an
alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(d) Rulemaking.--The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
SEC. 303. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE INTERIM
PRESIDENT OF VENEZUELA.
(a) Removal From Visa Revocation List.--If a person sanctioned
under any of the provisions of law described in subsection (b) publicly
recognizes and pledges supports for the Interim President of Venezuela
and the government officials supervised by such Interim President, the
person shall no longer be subject to such sanctions.
(b) Sanctions Described.--The sanctions described in this
subsection are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the
Venezuela Defense of Human Rights and Civil Society Act of 2014
(Public Law 113-278), as amended by section 603 of this Act.
(B) Paragraph (5) of section 5(a) of such Act, to the
extent such paragraph relates to the sanctions described in
paragraph (3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of
Executive Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such
Executive Order, to the extent such subparagraph relates to the
provisions of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive
Order, to the extent such paragraph relates to the provision of
law cited in subparagraph (A).
(c) Rulemaking.--The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
TITLE IV--RESTORING DEMOCRACY AND ADDRESSING THE POLITICAL CRISIS IN
VENEZUELA
SEC. 401. SPECIAL ENVOY FOR VENEZUELA AND TASK FORCE ON VENEZUELA.
(a) Designation.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall designate a Special
Envoy for Venezuela (referred to in this section as the ``Special
Envoy''), who shall--
(1) have the rank and status of ambassador; and
(2) report directly to the Secretary of State.
(b) Duties.--The Special Envoy shall--
(1) coordinate United States policy towards Venezuela
between relevant departments and agencies, including the
Department of State, the Department of the Treasury, the
Department of Justice, the Department of Defense, the United
States Agency for International Development, and the
intelligence community;
(2) develop and conduct oversight of United States programs
and operations related to Venezuela, including humanitarian
assistance, support for regional migration systems, and
assistance to democratic actors and independent civil society
in Venezuela;
(3) advance efforts--
(A) to recover the assets described in section
502(a)(2) that were stolen from the Venezuelan people;
and
(B) to coordinate sanctions with the United States
partners referred to in section 601;
(4) engage and coordinate policy matters related to
Venezuela with the international community, including the
Organization of American States, the United Nations and its
agencies, the Lima Group, the European Union, and other
governments and organizations with interest in Venezuela;
(5) engage and coordinate with actors supporting the
restoration of democracy in Venezuela, including the Venezuelan
diaspora and the democratic political opposition in Venezuela;
and
(6) communicate and coordinate engagement with the Maduro
regime.
(c) Authorization.--Notwithstanding any other provision of law, the
Special Envoy is authorized to directly engage with the Maduro regime
and its officers.
(d) Task Force on Venezuela.--
(1) Establishment.--There is established an interagency
task force, to be known as the ``Task Force on Venezuela''
(referred to in this subsection as the ``Task Force''.
(2) Mission.--The primary mission of the Task Force is to
support the Special Envoy in the exercise of the duties
described in subsection (b).
(3) Composition.--The Task Force shall include
representatives of, or liaison officers from, the Department of
State, the Department of the Treasury, the Department of
Justice, the Department of Defense, the United States Agency
for International Development, and the Central Intelligence
Agency. Members of the Task Force shall be selected from among
existing employees of their respective departments.
(e) Monthly Consultation.--Not later than 30 days after being
designated under subsection (a), and every 30 days thereafter, the
Special Envoy shall brief and consult with--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 402. SUPPORT FOR THE LIMA GROUP.
(a) Findings.--Congress makes the following findings:
(1) The Lima Group is a diplomatic bloc whose members
include Argentina, Brazil, Canada, Chile, Colombia, Costa Rica,
Guatemala, Guyana, Honduras, Panama, Paraguay, Peru, and Saint
Lucia.
(2) The Lima Group--
(A) has recognized National Assembly President Juan
Guaido as the Interim President of Venezuela;
(B) has reaffirmed the authority of the
democratically elected National Assembly of Venezuela;
(C) has stated that it does not recognize the
legitimacy of Nicolas Maduro's tenure in office beyond
January 10, 2019;
(D) has stated that it does not recognize the
legitimacy of Venezuela's May 20, 2018, presidential
election as it did not comply with international
standards for a democratic, free, fair, and transparent
process;
(E) has called on Nicolas Maduro to provisionally
transfer executive powers to the National Assembly of
Venezuela until new democratic elections are held;
(F) has condemned the rupture of the democratic
order in Venezuela;
(G) has called on the Maduro regime to accept
humanitarian assistance in order to address the
country's growing economic crisis; and
(H) reiterated its ``conviction that the transition
to democracy must be conducted by Venezuelans
themselves, peacefully and within the framework of the
Constitution and international law, supported by
political and diplomatic means, without the use of
force.''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct diplomatic engagement in support of
efforts by the Lima Group to restore democracy and the rule of law in
Venezuela and facilitate the delivery of humanitarian assistance for
the Venezuelan people.
SEC. 403. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) Findings.--Congress makes the following findings:
(1) On July 25, 2017, the Secretary General of the
Organization of American States stated ``the systematic attack
against the civilian population [of Venezuela] includes
murders, imprisonment and torture, and it is evident in the
eyes of the international community that we are in the presence
of crimes against humanity.''.
(2) On September 11, 2017, the United Nations High
Commissioner for Human Rights stated that Venezuelan security
forces may have committed crimes against humanity against
protesters and called for a credible international
investigation.
(3) A November 29, 2017, report by Human Rights Watch
documented that Venezuelan security forces had used extreme
and, at times, lethal forces against protesters and, once
detained, subjected them to abuses ranging from severe beatings
to torture involving electric shocks, asphyxiation, and other
techniques.
(4) On February 8, 2018, the Prosecutor of the
International Criminal Court opened a preliminary examination
of the situation in Venezuela as it relates to Venezuelan
security forces using excessive force against civilians and the
political opposition.
(5) On May 29, 2018, a panel of independent international
experts convened by the Secretary General of the Organization
of American States found that ``there are reasonable grounds
that satisfy the standard of proof required by Article 53 of
the Rome Statute for considering that acts to which the
civilian population of Venezuela was subjected . . . constitute
crimes against humanity''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement in
support of efforts in Venezuela, and on the part of the international
community, to ensure accountability for possible crimes against
humanity and other violations of international humanitarian law and
violations and abuses of human rights.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to Congress
that--
(1) evaluates the degree to which the Maduro regime and its
officials, including members of the Venezuelan security force,
have engaged in actions that constitute crimes against humanity
and violations of internationally recognized humanitarian
rights; and
(2) provides options for holding accountable the
perpetrators identified under paragraph (1).
SEC. 404. UPHOLDING THE ORGANIZATION OF AMERICAN STATES INTER-AMERICAN
DEMOCRATIC CHARTER.
(a) Findings.--Congress makes the following findings:
(1) Article 1 of the Inter-American Democratic Charter,
which was adopted by the Organization of American States in
Lima on September 11, 2001, states: ``The peoples of the
Americas have a right to democracy and their governments have
an obligation to promote and defend it.''.
(2) Article 19 of the Inter-American Democratic Charter
states ``an unconstitutional interruption of the democratic
order or an unconstitutional alteration of the constitutional
regime that seriously impairs the democratic order in a member
state, constitutes, while it persists, an insurmountable
obstacle to its government's participation in sessions of the
General Assembly . . . and other bodies of the Organization.''.
(3) Article 20 of the Inter-American Democratic Charter
states the following:
(A) ``In the event of an unconstitutional
alteration of the constitutional regime that seriously
impairs the democratic order in a member state, any
member state or the Secretary General may request the
immediate convocation of the Permanent Council to
undertake a collective assessment of the situation and
to take such decisions as it deems appropriate.''.
(B) ``The Permanent Council, depending on the
situation, may undertake the necessary diplomatic
initiatives, including good offices, to foster the
restoration of democracy.''.
(4) Article 21 of the Inter-American Democratic Charter
states ``When the special session of the General Assembly
determines that there has been an unconstitutional interruption
of the democratic order of a member state, and that diplomatic
initiatives have failed, the special session shall take the
decision to suspend said member state.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Nicolas Maduro and the Supreme Tribunal of Justice of
Venezuela have carried out systematic efforts to undermine,
block, and circumvent the authorities and responsibilities of
the Venezuelan National Assembly, as mandated in the
Constitution of the Bolivarian Republic of Venezuela;
(2) the electoral process convened by the National
Electoral Council of Venezuela on May 20, 2018 was not
democratic, free, fair, or transparent;
(3) Nicolas Maduro's attempt to inaugurate himself for a
second term in office on January 10, 2019, was not legitimate;
(4) such events constitute an unconstitutional alteration
of the constitutional regime that seriously impairs the
democratic order in Venezuela; and
(5) the Secretary of State, working through the United
States Permanent Representative to the Organization of American
States, should take additional steps to support ongoing efforts
by the Secretary General--
(A) to invoke the Inter-American Democratic
Charter; and
(B) to promote diplomatic initiatives to foster the
restoration of Venezuelan democracy.
SEC. 405. SUPPORT FOR INTERNATIONAL ELECTION OBSERVATION AND DEMOCRATIC
CIVIL SOCIETY.
(a) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development--
(1) shall work with the Organization of American States to
ensure credible international observation of future elections
in Venezuela that contributes to free, fair, and transparent
democratic electoral processes; and
(2) shall work through nongovernmental organizations--
(A) to strengthen democratic governance and
institutions, including the democratically elected
National Assembly of Venezuela;
(B) to defend internationally recognized human
rights for the people of Venezuela, including support
for efforts to document crimes against humanity and
violations of human rights;
(C) to support the efforts of independent media
outlets to broadcast, distribute, and share information
beyond the limited channels made available by the
Maduro regime; and
(D) to combat corruption and improve the
transparency and accountability of institutions that
are part of the Maduro regime.
(b) Voice and Vote at the Organization of American States.--The
Secretary of State, acting through the United States Permanent
Representative to the Organization of American States, should advocate
and build diplomatic support for sending an election observation
mission to Venezuela to ensure that democratic electoral processes are
organized and carried out in a free, fair, and transparent manner.
(c) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for International
Development, shall submit a strategy to carry out the activities
described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State for fiscal year 2019--
(A) $500,000 to carry out the activities described
in subsection (a)(1); and
(B) $14,500,000 to carry out the activities
described in subsection (a)(2).
(2) Notification requirement.--
(A) In general.--Except as provided under
subparagraph (B), amounts appropriated or otherwise
made available pursuant to paragraph (1) may not be
obligated until 15 days after the date on which the
President provides notice to the committees listed in
subsection (c) of intent to obligate such funds.
(B) Waiver.--
(i) In general.--The Secretary of State may
waive the notification requirement under
subparagraph (A) if the Secretary determines
that such waiver is in the national security
interest of the United States.
(ii) Notification requirement.--If a waiver
is invoked under clause (i), the Secretary of
State shall notify the committees listed in
subsection (c) of the intention to obligate
funds under this section as early as
practicable, but not later than 3 days after
taking the action to which such notification
requirement was applicable in the context of
the circumstances necessitating such waiver.
TITLE V--SUPPORTING THE RECONSTRUCTION OF VENEZUELA
SEC. 501. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO ADVANCE THE
RECONSTRUCTION OF VENEZUELA'S ECONOMY AND ENERGY
INFRASTRUCTURE.
(a) In General.--The President shall engage the International
Monetary Fund and the Multilateral Development Banks to create a
framework for the economic reconstruction of Venezuela, contingent upon
the restoration of democracy and the rule of law in the country.
(b) Additional Elements.--The framework created under subsection
(a) should include policy proposals--
(1) to provide Venezuelans with humanitarian assistance,
poverty alleviation, and a social safety net;
(2) to advance debt restructuring and debt sustainability
measures;
(3) to restore the production and efficient management of
Venezuela's oil industry, including rebuilding energy
infrastructure;
(4) to eliminate price controls and market distorting
subsidies in the Venezuelan economy; and
(5) to address hyperinflation in Venezuela.
(c) Consultation.--In creating the framework under subsection (a),
the President shall consult with relevant stakeholders in the
humanitarian (including international and nongovernmental
organizations), financial, and energy sectors.
(d) Sense of Congress.--It is the sense of Congress that any effort
to conduct debt restructuring should--
(1) include discussions with China, which is Venezuela's
biggest creditor; and
(2) appropriately account for China's and Russia's high-
risk lending to Venezuela.
(e) Certification.--The President may not support lending or
financing for Venezuela from the International Monetary Fund and the
Multilateral Development Banks until the Secretary of State submits a
report to the Committee on Foreign Relations of the Senate and
Committee on Foreign Affairs of the House of Representatives certifying
that any such lending or financing--
(1) would be managed by the Interim President of Venezuela
or a new, democratically elected President;
(2) would not be used to repay external creditors who are
not members of the Group of Seven unless such payments are
essential to the restoration of economic stability and
democracy in Venezuela; and
(3) would not benefit the Maduro regime.
SEC. 502. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN PEOPLE.
(a) Findings.--Congress makes the following findings:
(1) Venezuela ranked 169th out of 180 countries in
Transparency International's Corruption Perception Index 2017.
(2) In March 2015, the Department of the Treasury's
Financial Crimes Enforcement Network determined that
approximately $2,000,000,000 had been siphoned from Venezuela's
public oil company, Petroleos de Venezuela, S.A., in
conjunction with its designation of the Banca Privada d'Andorra
as a Foreign Financial Institution of Primary Money Laundering
Concern.
(b) In General.--The Secretary of State, in coordination with the
Secretary of the Treasury and the Attorney General, shall advance a
coordinated international effort--
(1) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Venezuela through theft, corruption, money
laundering, or other illicit means; and
(2) work with foreign governments--
(A) to share financial investigations intelligence,
as appropriate;
(B) to block the assets identified pursuant to
paragraph (1); and
(C) to advance necessary civil forfeiture
litigation, including providing technical assistance to
help governments establish the necessary legal
framework to carry out asset forfeitures.
(c) Additional Elements.--The coordinated international effort
described in subsection (b) shall--
(1) include input from--
(A) the Office of Foreign Assets Control of the
Department of the Treasury;
(B) the Financial Crimes Enforcement Network of the
Department of the Treasury; and
(C) the Money Laundering and Asset Recovery Section
of the Department of Justice;
(2) identify appropriate steps to advance necessary civil
forfeiture litigation in the United States;
(3) include an assessment of whether the United States or
another member of the international community should establish
a managed fund to hold the assets identified pursuant to
subsection (b)(1) that could be returned to a future democratic
government in Venezuela; and
(4) include recommendations for new legislative and
regulatory measures in the United States that would be needed
to establish and manage the fund described in paragraph (3).
(d) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall submit a
strategy for carrying out the activities described in subsection (b)
to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Financial Services of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
TITLE VI--RESTORING THE RULE OF LAW IN VENEZUELA
SEC. 601. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY
WITH PARTNERS IN THE WESTERN HEMISPHERE AND THE EUROPEAN
UNION.
(a) Strengthening Sanctions Capacity in Latin America and the
Caribbean.--The Secretary of State, working through the Assistant
Secretary of State for International Narcotics and Law Enforcement
Affairs and the Assistant Secretary of State for Economic and Business
Affairs, and in consultation with the Secretary of the Treasury, shall
provide technical assistance to partner governments in Latin America
and the Caribbean to assist such governments in establishing the
legislative and regulatory frameworks needed to impose targeted
sanctions on officials of the Maduro regime who--
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes
in Venezuela.
(b) Coordinating International Sanctions.--The Secretary of State,
in consultation with the Secretary of the Treasury, shall engage in
diplomatic efforts with partner governments, including the Government
of Canada, governments in the European Union, and governments in Latin
America and the Caribbean, to impose targeted sanctions on the
officials described in subsection (a).
(c) Strategy Requirement.--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 a strategy for carrying out
the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated, to
the Department of State, $3,000,000 for fiscal year 2019 to
carry out the activities set forth in subsection (a) in
accordance with this section.
(2) Notification requirement.--
(A) In general.--Except as provided under
subparagraph (B), amounts appropriated or otherwise
made available pursuant to paragraph (1) may not be
obligated until 15 days after the date on which the
President provides notice to the committees listed in
subsection (c) of the intent to obligate such funds.
(B) Waiver.--
(i) In general.--The Secretary of State may
waive the requirement under subparagraph (A) if
the Secretary of State determines that such
waiver is in the national security interest of
the United States.
(ii) Notification requirement.--If a waiver
is invoked under clause (i), the President
shall notify the committees listed in
subsection (c) of the intention to obligate
funds under this section as early as
practicable, but not later than 3 days after
taking the action to which such notification
requirement was applicable in the context of
the circumstances necessitating such waiver.
SEC. 602. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF VENEZUELAN
OFFICIALS IN CORRUPTION AND ILLICIT NARCOTICS
TRAFFICKING.
(a) Briefing Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, acting through the
Bureau of Intelligence and Research, and in coordination with the
Director of National Intelligence, shall brief the appropriate
congressional committees on the involvement of senior officials of the
Maduro regime, including members of the National Electoral Council, the
judicial system, and the Venezuelan security forces, in illicit
narcotics trafficking and acts of corruption in Venezuela.
(b) Additional Elements.--The briefing provided under subsection
(a) shall--
(1) describe how the acts of corruption described in the
report pose challenges for United States national security and
impact the rule of law and democratic governance in countries
of the Western Hemisphere;
(2) identify individuals that frustrate the ability of the
United States to combat illicit narcotics trafficking;
(3) include an assessment of the relationship between
individuals identified under subsection (a) and Nicolas Maduro
or members of his cabinet; and
(4) include input from the Drug Enforcement Administration,
the Office of Foreign Assets Control, and the Financial Crimes
Enforcement Network.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 603. SANCTIONS ON PERSONS RESPONSIBLE FOR PUBLIC CORRUPTION AND
UNDERMINING DEMOCRATIC GOVERNANCE.
(a) Finding.--Executive Order 13692 (50 U.S.C. 1701 note), which
was signed on March 8, 2015, established sanctions against individuals
responsible for undermining democratic processes and institutions and
involved in acts of public corruption that were not included in the
Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public
Law 113-278).
(b) Sanctions.--Section 5(a) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-278) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``Government of Venezuela'' and
inserting ``Maduro regime (as defined in section 4 of
the Venezuela Emergency Relief, Democracy Assistance,
and Development Act of 2019)''; and
(B) by striking ``that Government'' and inserting
``that regime'';
(2) in paragraph (2), by striking ``or'' at the end;
(3) by redesignating paragraph (3) as paragraph (5);
(4) by inserting after paragraph (2) the following:
``(3) is responsible for, or complicit in, ordering,
controlling, or otherwise directing, significant actions or
policies that undermine democratic processes or institutions;
``(4) is a government official, or a senior associate of
such an official, that is responsible for, or complicit in,
ordering, controlling, or otherwise directing, acts of
significant corruption, including the expropriation of private
or public assets for personal gain, corruption related to
government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; or''; and
(5) in paragraph (5), as redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2),
(3), or (4)''.
SEC. 604. PUBLIC INFORMATION ABOUT SANCTIONED OFFICIALS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, except as
provided in subsection (c), the Secretary of Treasury, in consultation
with the Secretary of State, shall submit a report to Congress that
describes the total assessed value of blocked assets of Venezuelans
designated under sanctions authorized under--
(1) the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 21 U.S.C. 1901 et seq.);
(2) the Venezuela Defense of Human Rights and Civil Society
Act of 2014 (Public Law 113-278), as amended by section 603 of
this Act; or
(3) Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.
(b) Additional Elements.--Reports submitted under subsection (a)
should provide descriptions of specific cases that are most
representative of the endemic corruption and illicit financial
activities occurring in Venezuela.
(c) Subsequent Reports.--The Secretary of Treasury is not required
to submit an updated report to Congress under subsection (a) unless,
since the submission of the preceding report--
(1) there has been meaningful change in the value of
blocked assets; or
(2) additional individuals have been targeted for sanctions
under the authorities listed in subsection (a).
(d) Briefings.--If the Secretary of Treasury exercises the
exception described in subsection (c), the Secretary of the Treasury,
or designee, shall immediately brief Congress regarding--
(1) the decision to exercise the exception; and
(2) information related to the value of blocked assets
described in subsection (a).
(e) Form.--Reports required under this section shall be submitted
in unclassified form, but may include a classified annex.
SEC. 605. FINANCIAL SANCTIONS ON MADURO REGIME DEBT.
(a) Finding.--Executive Order 13808 (82 Fed. Reg. 41155), which was
signed on August 24, 2017, established sanctions against the Maduro
regime's ability to issue public debt.
(b) Definitions.--In this section and in sections 606 and 608:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Person.--The term ``person'' means an individual or
entity.
(3) United states person.--The term ``United States
person'' means any--
(A) United States citizen;
(B) alien lawfully admitted for permanent residence
to the United States;
(C) entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of any such entity); and
(D) any person physically located in the United
States.
(c) In General.--The President may prohibit, in the United States
or by a United States person--
(1) any transaction related to, provision of financing for,
or other dealing in--
(A) debt instruments with a maturity of greater
than 90 days issued by Petroleos de Venezuela, S.A., on
or after the date of the enactment of this Act;
(B) debt instruments with a maturity of greater
than 30 days or equity issued by the Maduro regime on
or after the date of the enactment of this Act,
excluding debt instruments issued by Petroleos de
Venezuela, S.A., that are not covered under
subparagraph (A);
(C) bonds issued by the Maduro regime before the
date of the enactment of this Act; or
(D) dividend payments or other distributions of
profits to the Maduro regime from any entity owned or
controlled, directly or indirectly, by the Maduro
regime;
(2) the direct or indirect purchase of securities from the
Maduro regime, except for--
(A) securities qualifying as debt instruments
issued by Petroleos de Venezuela, S.A., on or after the
date of the enactment of this Act that are not
described in paragraph (1)(A); and
(B) securities qualifying as debt instruments
issued by the Maduro regime on or after the date of the
enactment of this Act that are not described in
paragraph (1)(B);
(3) any transaction that evades or avoids, has the purpose
of evading or avoiding, causes a violation of, or attempts to
violate a prohibition under paragraph (1) or (2); and
(4) any conspiracy to violate a prohibition under paragraph
(1), (2), or (3).
(d) Sense of Congress.--It is the sense of Congress that the
President should waive the prohibitions described in subsection (c) and
in Executive Order 13808 if the related debt instruments, bonds, or
securities have been approved or ratified by the democratically elected
National Assembly of the Bolivarian Republic of Venezuela.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities described in 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.
SEC. 606. ADDITIONAL FINANCIAL SANCTIONS ON MADURO REGIME DEBT.
(a) Finding.--Executive Order 13835 (83 Fed. Reg. 24001), which was
signed on May 21, 2018, established additional sanctions against
transactions involving the Maduro regime's existing public debt.
(b) Prohibition.--The President may prohibit a United States person
or any person within the United States from--
(1) purchasing any debt owed to the Maduro regime,
including accounts receivable;
(2) entering into any transaction related to any debt owed
to the Maduro regime that is pledged as collateral after May
21, 2018, including accounts receivable; or
(3) entering into any transaction involving the selling,
transferring, assigning, or pledging as collateral by the
Maduro regime of any equity interest in any entity in which the
Maduro regime has a 50 percent or greater ownership interest.
(c) Sense of Congress.--It is the sense of Congress that the
President should waive the prohibitions described in subsection (a) and
in Executive Order 13835 if transactions involving related debt
instruments, bonds, or securities have been approved or ratified by the
democratically elected National Assembly of Venezuela.
(d) Enforcement.--The Secretary of the Treasury, in consultation
with the Secretary of State, may promulgate such regulations as may be
necessary to enforce the prohibition set forth in subsection (b).
SEC. 607. EXPANDING KINGPIN SANCTIONS ON NARCOTICS TRAFFICKING AND
MONEY LAUNDERING.
(a) Findings.--Congress makes the following findings:
(1) On February 13, 2017, the Department of the Treasury
designated Venezuelan nationals Tareck El Aissami (the current
Vice President of Venezuela) and Samark Lopez Bello pursuant to
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901
et seq.).
(2) On May 7, 2018, the Department of the Treasury
designated Venezuelan nationals Pedro Luis Martin, Walter
Alexander del Nogal, and Mario Antonio Rodriguez pursuant to
such Act.
(b) Financial Sanctions Expansion.--
(1) In general.--The Secretary of the Treasury, the
Attorney General, the Secretary of State, the Secretary of
Defense, and the Director of the Central Intelligence Agency
shall expand investigations, intelligence collection, and
analysis pursuant to the Foreign Narcotics Kingpin Designation
Act (21 U.S.C. 1901 et seq.) to facilitate the identification
and support the application of sanctions against--
(A) significant foreign narcotics traffickers,
their organizations and networks; and
(B) the foreign persons who provide material,
financial, or technological support to such
traffickers, organizations, and networks.
(2) Targets.--The efforts described in paragraph (1) shall
specifically target--
(A) senior members of the Maduro regime, including
military officers, involved in narcotics trafficking
and money laundering;
(B) foreign narcotics traffickers and their
organizations and networks that are operating in
Venezuela; and
(C) the foreign persons who provide material,
financial, or technological support to such
traffickers, organizations, and networks that are
operating in Venezuela.
SEC. 608. SANCTIONS ON THE MADURO REGIME'S TRADE IN GOLD.
(a) Finding.--Executive Order 13850, which was signed on November
1, 2018, established sanctions against the gold sector of the
Venezuelan economy.
(b) Sanctions Authorized.--The President, in consultation with the
Secretary of the Treasury and the Secretary of State, may block and
prohibit the transfer, payment, exportation, withdrawal, or other
disposition of all property and interests in property of any person
that operates in the gold sector of the Venezuelan economy if such
property is in the United States, comes into the United States, or is
or comes within the possession or control of any United States person.
SEC. 609. CONCERNS OVER PDVSA TRANSACTIONS WITH ROSNEFT.
(a) Findings.--Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company
Petroleos de Venezuela, S.A. (referred to in this section as
``PDVSA''), through a no compete transaction, secured a loan
from Russian government-controlled oil company Rosneft, using
49.9 percent of PDVSA's American subsidiary, CITGO Petroleum
Corporation, including its assets in the United States, as
collateral. As a result of this transaction, 100 percent of
CITGO is held as collateral by PDVSA's creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged
in interstate commerce and owns and controls critical energy
infrastructure in 19 States of the United States, including an
extensive network of pipelines, 48 terminals, and 3 refineries,
with a combined oil refining capacity of 749,000 barrels per
day. CITGO's refinery in Lake Charles, Louisiana, is the sixth
largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions on
Rosneft, which is controlled by the Government of the Russian
Federation, and its Executive Chairman, Igor Sechin, following
Russia's military invasion of Ukraine and its illegal
annexation of Crimea in 2014.
(4) The Department of Homeland Security has designated the
energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the
probability that the Maduro regime and PDVSA will default on
their international debt obligations, resulting in a scenario
in which Rosneft could come into control of CITGO's United
States energy infrastructure holdings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) control of critical United States energy infrastructure
by Rosneft, a Russian government-controlled entity currently
under United States sanctions that is led by Igor Sechin, who
is also under United States sanctions and is a close associate
of Vladimir Putin, would pose a significant risk to United
States national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting
in Rosneft coming into possession of PDVSA's United States
CITGO assets, would warrant careful consideration by the
Committee on Foreign Investment in the United States.
(c) Preventing Rosneft From Controlling United States Energy
Infrastructure.--The President shall take all necessary steps to
prevent Rosneft from gaining control of critical United States energy
infrastructure.
(d) Security Risk Assessment.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall conduct an
assessment of the security risks posed by Russian control of
CITGO's United States energy infrastructure holdings.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Homeland
Security of the House of Representatives that contains the
results of the assessment conducted pursuant to paragraph (1).
(e) Review of CITGO Transactions.--If PDVSA defaults on its debt
obligations, the Secretary of the Treasury should review CITGO's
transactions with United States persons to assess and ensure compliance
with United States sanctions policies and regulations.
SEC. 610. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Bureau of Intelligence and Research of the Department of State, and in
coordination with the Director of National Intelligence, shall brief
the appropriate congressional committees on--
(1) the full extent of cooperation by the Government of the
Russian Federation, the Government of the People's Republic of
China, the Government of Cuba, and the Government of Iran with
the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign
armed groups, including Colombian criminal organizations and
defectors from the Colombian guerilla group known as the
Revolutionary Armed Forces of Colombia, and foreign terrorist
organizations, including the Colombian guerilla group known as
the National Liberation Army (ELN).
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE VII--CRYPTOCURRENCY SANCTIONS AND ENSURING THE EFFECTIVENESS OF
UNITED STATES SANCTIONS
SEC. 701. SANCTIONS ON VENEZUELA'S CRYPTOCURRENCY AND THE PROVISION OF
RELATED TECHNOLOGIES.
(a) Finding.--Executive Order 13827 (83 Fed. Reg. 12469), which was
signed on March 19, 2018, established sanctions against the Maduro
regime's ability to issue a digital currency in an effort to circumvent
United States sanctions.
(b) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Person.--The term ``person'' means an individual or
entity.
(3) United states person.--The term ``United States
person'' means any--
(A) United States citizen;
(B) alien lawfully admitted for permanent residence
to the United States;
(C) entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of any such entity); and
(D) any person physically located in the United
States.
(c) Prohibition of Certain Transactions.--
(1) In general.--All transactions by a United States person
or within the United States that relate to, provide financing
for, provide software for, or otherwise deal in any digital
currency, digital coin, or digital token, that was issued by,
for, or on behalf of the Maduro regime are prohibited beginning
on the date of the enactment of this Act.
(2) Applicability.--The prohibitions under paragraph (1)
shall apply to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this Act, and notwithstanding any contract entered
into or any license or permit granted before the date of the
enactment of this Act.
(3) Prohibitions.--Any transaction that evades or avoids,
has the purpose of evading or avoiding, causes a violation of,
or attempts to violate any of the prohibitions set forth in
this subsection is prohibited. Any conspiracy formed to violate
any of the prohibitions set forth in this subsection is
prohibited.
(d) Rulemaking.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, is authorized to take
such actions, including promulgating rules and regulations, to
implement this section.
(2) Delegation.--The Secretary of the Treasury may
redelegate any of the functions described in paragraph (1) to
other officers and executive departments and agencies of the
United States Government. All agencies of the United States
Government shall take all appropriate measures within their
authority to carry out the provisions of this section.
SEC. 702. REPORT ON THE IMPACT OF CRYPTOCURRENCIES ON UNITED STATES
SANCTIONS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Financial Services of the House of
Representatives.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, after
consultation with the Secretary of the Treasury, the Chairman of the
Securities and Exchange Commission, and the Chairman of the Commodity
Futures Trading Commission, shall submit a report to the appropriate
congressional committees that provides an assessment on how digital
currencies affect the effectiveness of United States sanctions around
the world.
(c) Additional Elements.--The report submitted under subsection (b)
shall--
(1) describe any global efforts, including efforts by
states, state-sponsored actors, and non-state-sponsored actors,
to utilize digital currencies to evade or circumvent United
States sanctions, including through the direct or indirect use
of products or services of United States based technology,
software, or financial services firms; and
(2) include recommendations for new legislative and
regulatory measures needed to strengthen the United States
Government's ability to prevent states, state-sponsored actors,
and non-state-sponsored actors from using digital currencies to
evade or circumvent United States sanctions, including through
the direct or indirect use of products or services of United
States based technology, software, or financial services firms.
(d) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. CONGRESSIONAL BRIEFINGS.
(a) Humanitarian Assistance; Sanctioned Coordination.--
(1) In general.--Not later than 15 days after any
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 201, 202, 203,
or 601, the Secretary of State and the Administrator of the
United States Agency for International Development shall
provide such briefing to such committee.
(2) Congressional committees.--The committees listed under
this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(b) United Nations; Negotiated Solution; Crimes Against Humanity.--
(1) In general.--Not later than 15 days after any
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 103, 204, or
403, the Secretary of State shall provide such briefing to such
committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(c) Regime Cohesion; Corruption and Narcotics Trafficking; Foreign
Government Activities.--
(1) In general.--Not later than 15 days after a
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 301, 602, or
610, the Secretary of State and the Director of National
Intelligence shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(d) International Election Observation.--Not later than 15 days
after a congressional committee listed under subsection (a)(2) requests
a briefing regarding the implementation of section 405, the Secretary
of State, the Administrator of the United States Agency for
International Development, and the United States Ambassador to the
Organization of American States shall provide such briefing to such
committee.
(e) Visa Restrictions; Sanctions Waiver.--Not later than 15 days
after a congressional committee listed under subsection (b)(2) requests
a briefing regarding the implementation of section 302 or 303, the
Secretary of State shall provide such briefing to such committee.
(f) Reconstruction of Venezuela's Energy Infrastructure.--
(1) In general.--Not later than 15 days after a
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 501, the
Secretary of State, the Secretary of Energy, and the Secretary
of the Treasury shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(g) Recovery of Stolen Assets.--
(1) In general.--Not later than 15 days after a
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 502, the
Secretary of State, the Secretary of the Treasury, and the
Attorney General shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Financial Services of the
House of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(h) Financial Sanctions.--
(1) In general.--Not later than 15 days after a
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 605, 606, or
608, the Secretary of the Treasury shall provide such briefing
to such committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(i) Kingpin Sanctions.--Not later than 15 days after a
congressional committee listed under subsection (h)(2) requests a
briefing regarding the implementation of section 607, the Secretary of
the Treasury, the Attorney General, the Secretary of State, and the
Director of the Central Intelligence Agency shall provide such briefing
to such committee.
(j) PDVSA Transactions With Rosneft.--
(1) In general.--Not later than 15 days after a
congressional committee listed under paragraph (2) requests a
briefing regarding the implementation of section 609, the
Secretary of State, the Secretary of the Treasury, and the
Secretary of Homeland Security shall provide such briefing to
such committee.
(2) Congressional committees.--The congressional committees
listed under this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(k) Cryptocurrency Sanctions.--Not later than 15 days after a
congressional committee listed under subsection (h)(2) requests a
briefing regarding the implementation of section 701 or 702, the
Secretary of State, the Secretary of the Treasury, and the Chairman of
the Commodity Futures Trading Commission shall provide such briefing to
such committee.
SEC. 802. EXTENSION AND TERMINATION OF SANCTIONS AGAINST VENEZUELA.
(a) Amendment.--Section 5(e) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-278; 50 U.S.C.
1701 note) is amended by striking ``December 31, 2019'' and inserting
``December 31, 2025''.
(b) Termination.--The requirement to impose sanctions under this
Act shall terminate on December 31, 2025.
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