[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5317 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5317

       To promote democracy in Venezuela, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2022

 Mr. Risch (for himself and Mr. Rubio) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
       To promote democracy in Venezuela, 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 TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Venezuelan 
Democracy Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of policy.
Sec. 3. Appropriate congressional committees defined.
 TITLE I--DETERMINATIONS OF A TRANSITION GOVERNMENT OR DEMOCRATICALLY 
                    ELECTED GOVERNMENT IN VENEZUELA

Sec. 101. Determinations of a transition government or democratically 
                            elected government in Venezuela.
           TITLE II--PROMOTING DEMOCRATIC CHANGE IN VENEZUELA

Sec. 201. United States policy regarding membership of Venezuela in 
                            international financial institutions.
Sec. 202. United States policy regarding membership of Venezuela in the 
                            Organization of American States.
Sec. 203. Authorization of support for democratic and human rights 
                            groups and international observers.
Sec. 204. Support for the people of Venezuela.
                          TITLE III--SANCTIONS

Sec. 301. Definitions.
Sec. 302. Blocking international support for a nondemocratic government 
                            in Venezuela.
Sec. 303. Financial sanctions with respect to debt instruments of 
                            Maduro regime.
Sec. 304. Sanctions with respect to cryptocurrency of Venezuela and 
                            provision of related technologies.
Sec. 305. Blocking property of the Government of Venezuela.
Sec. 306. Determination with respect to designation of Maduro regime as 
                            a terrorist organization.
Sec. 307. Suspension and termination of sanctions.
Sec. 308. Implementation; penalties.
        TITLE IV--ASSISTANCE TO A FREE AND INDEPENDENT VENEZUELA

Sec. 401. Policy toward a transition government and a democratically 
                            elected government in Venezuela.
Sec. 402. Assistance for the people of Venezuela.
Sec. 403. Report on trade and investment relations between the United 
                            States and Venezuela.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Effect of Act on lawful United States Government activities.
Sec. 502. Exception relating to importation of goods.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to seek a peaceful transition to democracy and a 
        resumption of economic growth in Venezuela through support for 
        the people of Venezuela and the careful application of 
        sanctions directed at the regime of Nicolas Maduro and any 
        nondemocratic successor;
            (2) to seek the cooperation of other democratic countries 
        in supporting a transition described in paragraph (1);
            (3) to make clear to other countries that, in determining 
        the relations of the United States with those countries, the 
        United States will take into account the willingness of those 
        countries to cooperate in supporting a transition described in 
        paragraph (1);
            (4) to seek the speedy termination of any remaining 
        military or technical assistance, subsidies, or other forms of 
        assistance to the Maduro regime and any nondemocratic successor 
        from the government of any other country, including the 
        Governments of Cuba, the Islamic Republic of Iran, the Russian 
        Federation, and the People's Republic of China;
            (5) to continue to vigorously oppose violations of 
        internationally recognized human rights in Venezuela;
            (6) to maintain sanctions on the Maduro regime so long as 
        it continues to refuse to move toward democratization and 
        greater respect for internationally recognized human rights; 
        and
            (7) to be prepared to reduce the sanctions imposed with 
        respect to Venezuela in carefully calibrated ways in response 
        to demonstrable progress toward democratization in Venezuela, 
        including the establishment of a transition government that 
        leads to a democratically elected government in Venezuela.

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives.

 TITLE I--DETERMINATIONS OF A TRANSITION GOVERNMENT OR DEMOCRATICALLY 
                    ELECTED GOVERNMENT IN VENEZUELA

SEC. 101. DETERMINATIONS OF A TRANSITION GOVERNMENT OR DEMOCRATICALLY 
              ELECTED GOVERNMENT IN VENEZUELA.

    (a) In General.--Upon making a determination that a transition 
government or a democratically elected government is in power in 
Venezuela, the President shall submit that determination to the 
appropriate congressional committees.
    (b) Requirements for Determining a Transition Government Is in 
Power in Venezuela.--
            (1) In general.--For the purposes of making a determination 
        under subsection (a), a transition government in Venezuela is a 
        government that--
                    (A) is showing respect for the basic civil 
                liberties and internationally recognized human rights 
                of the citizens of Venezuela;
                    (B) has fully reinstated all members of the 
                National Assembly convened on January 6, 2016, 
                following democratic elections that were held on 
                December 6, 2015;
                    (C) has lifted the order of contempt issued by the 
                Venezuelan Supreme Tribunal of Justice (TSJ) on January 
                11, 2016, against the National Assembly convened on 
                January 6, 2016, including by restoring all powers of 
                said National Assembly and the immunities for deputies;
                    (D) has ceased to interfere with the functioning of 
                political parties, including by lifting all judicial 
                interventions of political parties has legalized all 
                political activity;
                    (E) has released all political prisoners and 
                allowed for investigations of Venezuelan prisons by 
                appropriate international human rights organizations;
                    (F) has dissolved the General Directorate of 
                Military Counterintelligence, the Special Action Forces 
                (FAES), and the Colectivos;
                    (G) has made public commitments to organizing free 
                and fair elections for a new government--
                            (i) to be held in a timely manner within a 
                        period not to exceed 12 months after the 
                        transition government assumes power;
                            (ii) with the participation of multiple 
                        independent political parties that have full 
                        access to the media on an equal basis, 
                        including (in the case of radio, television, or 
                        other telecommunications media) in terms of 
                        allotments of time for such access and the 
                        times of day such allotments are given; and
                            (iii) to be conducted under the supervision 
                        of observers from the Organization of American 
                        States, the United Nations, and other 
                        internationally recognized election observers;
                    (H) makes public commitments to and is making 
                demonstrable progress in--
                            (i) establishing an independent judiciary;
                            (ii) respecting internationally recognized 
                        human rights and fundamental freedoms as set 
                        forth in the Universal Declaration of Human 
                        Rights, to which Venezuela is a signatory; and
                            (iii) allowing the establishment of 
                        independent social, economic, and political 
                        associations; and
                    (I) does not include Nicolas Maduro or any 
                persons--
                            (i) with respect to which sanctions have 
                        been imposed by the Office of Foreign Assets 
                        Control; or
                            (ii) sought by the United States Department 
                        of Justice.
            (2) Additional factors.--In addition to the requirements 
        set forth in paragraph (1), in determining under subsection (a) 
        whether a transition government is in power in Venezuela, the 
        President shall take into account the extent to which that 
        government--
                    (A) has made public commitments to, and is making 
                demonstrable progress in--
                            (i) effectively guaranteeing the rights of 
                        free speech and freedom of the press, including 
                        granting permits to privately owned media and 
                        telecommunications companies to operate in 
                        Venezuela;
                            (ii) implementing the recommendations 
                        included in the Final Report of the European 
                        Union Election Observation Mission to observe 
                        the regional and municipal elections on 
                        November 21, 2021, in Venezuela; and
                            (iii) assuring the right to private 
                        property;
                    (B) is taking genuine efforts to extradite or 
                otherwise render to the United States all persons 
                sought by the United States Department of Justice for 
                crimes committed in the United States;
                    (C) is not providing any support to any group, in 
                any other country, that seeks the violent overthrow of 
                the government of that country; and
                    (D) has permitted the deployment throughout 
                Venezuela of independent and unfettered international 
                human rights monitors.
    (c) Requirements for Determining a Democratically Elected 
Government Is in Power in Venezuela.--For the purposes of making a 
determination under subsection (a), a democratically elected government 
in Venezuela is a government that, in addition to meeting the 
requirements of subsection (b)--
            (1) results from free and fair elections--
                    (A) conducted under the supervision of 
                internationally recognized election observers; and
                    (B) in which--
                            (i) opposition parties were permitted ample 
                        time to organize and campaign for such 
                        elections; and
                            (ii) all candidates were permitted full 
                        access to the media;
            (2) is showing respect for the basic civil liberties and 
        internationally recognized human rights of the citizens of 
        Venezuela;
            (3) is committed to making constitutional changes that 
        would ensure regular free and fair elections and the full 
        enjoyment of basic civil liberties and internationally 
        recognized human rights by the citizens of Venezuela;
            (4) has made demonstrable progress in establishing an 
        independent judiciary; and
            (5) has freed all wrongfully detained United States 
        nationals.

           TITLE II--PROMOTING DEMOCRATIC CHANGE IN VENEZUELA

SEC. 201. UNITED STATES POLICY REGARDING MEMBERSHIP OF VENEZUELA IN 
              INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--Except as provided in subsection (b)(1), the 
Secretary of the Treasury shall instruct the United States executive 
director of each covered international financial institution to use the 
voice and vote of the United States to oppose the admission of 
Venezuela as a member of that institution until the President submits 
to the appropriate congressional committees a determination under 
section 101(a) that a democratically elected government is in power in 
Venezuela.
    (b) Steps After Transition Government in Power.--On and after the 
date on which the President submits to the appropriate congressional 
committees a determination under section 101(a) that a transition 
government is in power in Venezuela--
            (1) the President is encouraged to take steps to support 
        the processing of the application of Venezuela for membership 
        in any covered international financial institution, subject to 
        the membership taking effect after a democratically elected 
        government is in power in Venezuela; and
            (2) the Secretary of the Treasury is authorized to instruct 
        the United States executive director of each covered 
        international financial institution to support loans or other 
        assistance to Venezuela only to the extent that such loans or 
        assistance contribute to a stable foundation for a 
        democratically elected government in Venezuela.
    (c) Reduction in United States Payments to International Financial 
Institutions.--
            (1) In general.--If a covered international financial 
        institution approves a loan or other assistance to the regime 
        of Nicolas Maduro or any nondemocratic successor government 
        over the opposition of the United States, the Secretary of the 
        Treasury shall withhold from payment to that institution an 
        amount equal to the amount of the loan or other assistance, 
        from either of the following types of payment:
                    (A) The paid-in portion of the increase in capital 
                stock of the institution.
                    (B) The callable portion of the increase in capital 
                stock of the institution.
            (2) Waiver.--The President may waive the requirement under 
        paragraph (1) if the President, not later than 10 days before 
        the waiver is to take effect, determines and certifies to the 
        appropriate congressional committees that such a waiver is in 
        the national interest of the United States. The President shall 
        submit with the certification a detailed justification 
        explaining the reasons for the waiver.
    (d) Covered International Financial Institution Defined.--In this 
section, the term ``covered international financial institution'' means 
each of the following:
            (1) The International Monetary Fund.
            (2) The International Bank for Reconstruction and 
        Development.
            (3) The International Development Association.
            (4) The International Finance Corporation.
            (5) The Multilateral Investment Guarantee Agency.
            (6) The Inter-American Development Bank.

SEC. 202. UNITED STATES POLICY REGARDING MEMBERSHIP OF VENEZUELA IN THE 
              ORGANIZATION OF AMERICAN STATES.

    The President shall instruct the United States Permanent 
Representative to the Organization of American States to use the voice 
and vote of the United States to oppose any measure that would allow a 
nondemocratic Government of Venezuela to participate in the 
Organization until the President submits to the appropriate 
congressional committees a determination under section 101(a) that a 
democratically elected government is in power in Venezuela.

SEC. 203. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS 
              GROUPS AND INTERNATIONAL OBSERVERS.

    (a) In General.--Notwithstanding any other provision of law (other 
than section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394-1) or any comparable notification requirement contained in any Act 
making appropriations for the Department of State, foreign operations, 
and related programs), the President may provide assistance and other 
support for individuals and independent nongovernmental organizations 
to support democracy-building efforts in Venezuela, including as 
described in subsections (b) and (c).
    (b) Organization of American States Emergency Fund.--
            (1) For support of internationally recognized human rights 
        and free and fair elections.--The President shall take the 
        necessary steps to encourage the Organization of American 
        States to create a special emergency fund for the explicit 
        purpose of deploying human rights observers and individuals and 
        organizations engaged in election support and election 
        observation in Venezuela.
            (2) Voluntary contributions for fund.--The President should 
        provide not less than $5,000,000 of the voluntary contributions 
        of the United States to the Organization of American States 
        solely for the purposes of the special fund referred to in 
        paragraph (1).
    (c) Action of Other Member States.--The President should instruct 
the United States Permanent Representative to the Organization of 
American States to encourage other member states of the Organization to 
join in calling for the Government of Venezuela to allow the immediate 
deployment of independent human rights monitors of the Organization 
throughout Venezuela and on-site visits to Venezuela by the Inter-
American Commission on Human Rights.
    (d) Denial of Funds to Government of Venezuela.--In implementing 
this section, the President shall take all necessary steps to ensure 
that no funds or other assistance is provided to a nondemocratic 
Government of Venezuela.

SEC. 204. SUPPORT FOR THE PEOPLE OF VENEZUELA.

    (a) Provisions of Law Affected.--The provisions of this section 
apply notwithstanding--
            (1) any other provision of law, including section 620(a) of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)); or
            (2) the exercise of authorities, before the date of the 
        enactment of this Act, under--
                    (A) section 5(b) of the Trading With the Enemy Act 
                (50 U.S.C. 4305(b));
                    (B) the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.); or
                    (C) the Export Control Reform Act of 2018 (50 
                U.S.C. 4801 et seq.).
    (b) Donations of Food.--Nothing in this or any other Act shall 
prohibit donations of food to independent nongovernmental organizations 
or individuals in Venezuela.
    (c) Exports of Medicines and Medical Supplies.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        export of medicines or medical supplies, instruments, or 
        equipment to Venezuela shall not be restricted, except--
                    (A) to the extent such a restriction would be 
                permitted under section 203(b)(2) of the International 
                Emergency Economic Powers Act (50 U.S.C. 1702(b)(2)); 
                or
                    (B) in a case in which the President determines--
                            (i) there is a reasonable likelihood that 
                        the item to be exported will be used for 
                        purposes of torture or other abuses of 
                        internationally recognized human rights;
                            (ii) the item to be exported could be used 
                        in the production or distribution of illicit 
                        narcotics or in activities related to illegal 
                        mining; or
                            (iii) there is a reasonable likelihood that 
                        the item to be exported will be reexported.
            (2) On-site verifications required.--
                    (A) In general.--Except as provided by subparagraph 
                (B), medicines or medical supplies, instruments, or 
                equipment may be exported to Venezuela under paragraph 
                (1) only if the President determines that the United 
                States Government is able to verify, by on-site 
                inspections and other appropriate means, that the item 
                to be exported is to be used for the purposes for which 
                it was intended and only for the use and benefit of the 
                people of Venezuela.
                    (B) Exception.--Subparagraph (A) does not apply to 
                donations to independent nongovernmental organizations 
                in Venezuela of medicines for humanitarian purposes.
            (3) Licenses required.--The export of medicines or medical 
        supplies, instruments, or equipment to Venezuela under 
        paragraph (1) shall be made pursuant to specific licenses 
        issued by the United States Government.
    (d) Assistance To Support Democracy in Venezuela.--The United 
States Government may provide assistance, through appropriate 
independent nongovernmental organizations, for the support of 
individuals and organizations to promote democratic change in 
Venezuela.

                          TITLE III--SANCTIONS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or organization.
            (2) Government of venezuela.--The term ``Government of 
        Venezuela'' includes--
                    (A) the state and Government of Venezuela;
                    (B) any political subdivision, agency, or 
                instrumentality thereof, including the Central Bank of 
                Venezuela and Petroleos de Venezuela, S.A.;
                    (C) any person owned or controlled, directly or 
                indirectly, by an entity described in subparagraph (A) 
                or (B); and
                    (D) any person that has acted or purported to act 
                directly or indirectly for or on behalf of, an entity 
                described in subparagraph (A), (B), or (C), including 
                as a member of the regime of Nicolas Maduro or any 
                nondemocratic successor government in Venezuela.
            (3) Person.--The term ``person'' means an individual or 
        entity.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or alien lawfully 
                admitted for permanent residence to the United States;
                    (B) any 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
                    (C) any person physically located in the United 
                States.

SEC. 302. BLOCKING INTERNATIONAL SUPPORT FOR A NONDEMOCRATIC GOVERNMENT 
              IN VENEZUELA.

    (a) Venezuelan Trading Partners.--The President should encourage 
the governments of countries that conduct trade with Venezuela to 
restrict their trade and credit relations with Venezuela in a manner 
consistent with the purposes of this Act.
    (b) Sanctions Against Countries Assisting a Nondemocratic 
Government in Venezuela.--
            (1) In general.--The President may impose the following 
        sanctions with respect to any country that provides assistance 
        to the regime of Nicolas Maduro or any nondemocratic successor 
        government in Venezuela:
                    (A) The President may determine that the government 
                of such country is not eligible for nonhumanitarian 
                assistance under the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.) or assistance or sales under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.).
                    (B) The President may determine that the country is 
                not eligible, under any program, for forgiveness or 
                reduction of debt owed to the United States Government.
            (2) Termination.--This section, and any sanctions imposed 
        pursuant to this section, shall cease to apply at such time as 
        the President submits to the appropriate congressional 
        committees a determination under section 101(a) that a 
        democratically elected government is in power in Venezuela.
    (c) Definitions.--In this section:
            (1) Assistance to venezuela.--The term ``assistance to 
        Venezuela''--
                    (A) means assistance to or for the benefit of the 
                Government of Venezuela that is provided by grant, 
                concessional sale, guaranty, or insurance, or by any 
                other means on terms more favorable than that generally 
                available in the applicable market, whether in the form 
                of a loan, lease, credit, or otherwise;
                    (B) includes--
                            (i) subsidies for exports to Venezuela;
                            (ii) favorable tariff treatment of articles 
                        that are the growth, product, or manufacture of 
                        Venezuela; and
                            (iii) an exchange, reduction, or 
                        forgiveness of debt owed by the Government of 
                        Venezuela to a foreign country in return for a 
                        grant of an equity interest in a property, 
                        investment, or operation of the Government of 
                        Venezuela (including any agency or 
                        instrumentality of the Government of Venezuela) 
                        or a national of Venezuela; and
                    (C) does not include--
                            (i) humanitarian assistance, including 
                        donations of food, made available to 
                        nongovernmental organizations or individuals in 
                        Venezuela; or
                            (ii) exports of medicines or medical 
                        supplies, instruments, or equipment permitted 
                        under section 204(c).
            (2) Agency or instrumentality of the government of 
        venezuela.--The term ``agency or instrumentality of the 
        Government of Venezuela'' has the meaning given the term 
        ``agency or instrumentality of a foreign state'' in section 
        1603(b) of title 28, United States Code, except that each 
        reference in such section to ``a foreign state'' shall be 
        deemed to be a reference to ``the Government of Venezuela''.

SEC. 303. FINANCIAL SANCTIONS WITH RESPECT TO DEBT INSTRUMENTS OF 
              MADURO REGIME.

    (a) Prohibition of Certain Transactions.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act, all transactions by a United States person or within 
        the United States that relate to, provide financing for, or 
        otherwise deal in debt instruments issued by, for, or on behalf 
        of Petroleos de Venezuela, S.A., or the regime of Nicolas 
        Maduro or any nondemocratic successor government in Venezuela, 
        are prohibited.
            (2) Inclusions.--The prohibition under paragraph (1) 
        includes a prohibition on--
                    (A) entering into any transaction in--
                            (i) debt instruments with a maturity of 
                        more than 90 days issued by Petroleos de 
                        Venezuela, S.A., on or after the date of the 
                        enactment of this Act;
                            (ii) debt instruments with a maturity of 
                        more than 30 days or equity issued by the 
                        Maduro regime on or after such date of 
                        enactment, other than debt instruments issued 
                        by Petroleos de Venezuela, S.A., covered by 
                        subparagraph (A);
                            (iii) bonds issued by the Maduro regime 
                        before such date of enactment; or
                            (iv) dividend payments or other 
                        distributions of profits to the Maduro regime 
                        from any entity owned or controlled, directly 
                        or indirectly, by the Maduro regime;
                    (B) the direct or indirect purchase of securities 
                from the Maduro regime, other than--
                            (i) securities qualifying as debt 
                        instruments issued by Petroleos de Venezuela, 
                        S.A., covered by paragraph (1)(A); and
                            (ii) securities qualifying as debt 
                        instruments issued by the Maduro regime covered 
                        by paragraph (1)(B);
                    (C) purchasing any debt owed to the Maduro regime, 
                including accounts receivable;
                    (D) 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;
                    (E) 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;
                    (F) entering into 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; and
                    (G) any conspiracy formed to violate any of the 
                prohibitions set forth in this subsection.
    (b) Rulemaking.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of State, may take such 
        actions, including prescribing rules and regulations, as are 
        necessary to implement this section.
            (2) Delegation.--The Secretary of the Treasury may 
        redelegate the authority described in paragraph (1) to other 
        officers and agencies of the United States Government.
    (c) Responsibility of Other Agencies.--All agencies of the United 
States Government shall take all appropriate measures within their 
authority to carry out the provisions of this section.

SEC. 304. SANCTIONS WITH RESPECT TO CRYPTOCURRENCY OF VENEZUELA AND 
              PROVISION OF RELATED TECHNOLOGIES.

    (a) Prohibition of Certain Transactions.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act, the following transactions are prohibited:
                    (A) Any transaction by a United States person or 
                within the United States that relate to, provide 
                financing for, or otherwise deal in any digital 
                currency, digital coin, or digital token, that was 
                issued by, for, or on behalf of the regime of Nicolas 
                Maduro or any nondemocratic successor government.
                    (B) Any transaction that evades or avoids, has the 
                purpose of evading or avoiding, causes a violation of, 
                or attempts to violate the prohibition under 
                subparagraph (A).
                    (C) Any conspiracy formed to violate a prohibition 
                under subparagraph (A) or (B).
            (2) Applicability.--The prohibitions under paragraph (1) 
        shall apply--
                    (A) to the extent provided by statutes, or in 
                regulations, orders, directives, or licenses that may 
                be issued pursuant to this section; and
                    (B) notwithstanding any contract entered into or 
                any license or permit granted before the date of the 
                enactment of this Act.
    (b) Rulemaking.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of State, may take such 
        actions, including prescribing rules and regulations, as are 
        necessary to implement this section.
            (2) Delegation.--The Secretary of the Treasury may 
        redelegate the authority described in paragraph (1) to other 
        officers and agencies of the United States Government.
    (c) Responsibility of Other Agencies.--All agencies of the United 
States Government shall take all appropriate measures within their 
authority to carry out the provisions of this section.

SEC. 305. BLOCKING PROPERTY OF THE GOVERNMENT OF VENEZUELA.

    (a) Blocking of Property.--The President shall exercise all powers 
granted to the President 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 
the Government of Venezuela and any person described in subsection (b) 
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.
    (b) Persons Described.--A person described in this subsection is 
any person determined by the Secretary of the Treasury, in consultation 
with the Secretary of State--
            (1) to have materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services to or in support of, any person--
                    (A) included on the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control; and
                    (B) the property and interests in property of which 
                are blocked pursuant to subsection (a); or
            (2) to be owned or controlled by, or to have acted or 
        purported to act for or on behalf of, directly or indirectly, 
        any person the property and interests in property of which are 
        blocked pursuant to subsection (a).
    (c) Prohibitions on Evasion and Conspiracies.--
            (1) Evasion.--Any transaction that evades or avoids, has 
        the purpose of evading or avoiding, causes a violation of, or 
        attempts to violate, the prohibition under subsection (a) is 
        prohibited.
            (2) Conspiracy.--Any conspiracy formed to violate the 
        prohibition under subsection (a) is prohibited.
    (d) Applicability.--Subsection (a) and the prohibitions under 
subsection (c) shall apply--
            (1) to the extent provided by statutes, or in regulations, 
        orders, directives, or licenses that may be issued pursuant to 
        this section; and
            (2) notwithstanding any contract entered into or any 
        license or permit granted before the date of the enactment of 
        this Act.
    (e) Rulemaking.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of State, may take such 
        actions, including prescribing rules and regulations, as are 
        necessary to implement this section.
            (2) Delegation.--The Secretary of the Treasury may 
        redelegate the authority described in paragraph (1) to other 
        officers and agencies of the United States Government.
    (f) Responsibility of Other Agencies.--All agencies of the United 
States Government shall take all appropriate measures within their 
authority to carry out the provisions of this section.

SEC. 306. DETERMINATION WITH RESPECT TO DESIGNATION OF MADURO REGIME AS 
              A TERRORIST ORGANIZATION.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Director of National Intelligence, shall submit to the appropriate 
congressional committees--
            (1) a determination with respect to whether the regime of 
        Nicolas Maduro meets the criteria for designation as--
                    (A) a foreign terrorist organization under section 
                219 of the Immigration and Nationality Act (8 U.S.C. 
                1189); or
                    (B) a specially designated global terrorist 
                organization under Executive Order 13224 (50 U.S.C. 
                1701 note; relating to blocking property and 
                prohibiting transactions with persons who commit, 
                threaten to commit, or support terrorism), as amended 
                before, on, or after the date of the enactment of this 
                Act; and
            (2) if the Secretary determines that the Maduro regime does 
        not meet such criteria, a detailed justification with respect 
        to which of such criteria have not been met.
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form, but may include classified annex.

SEC. 307. SUSPENSION AND TERMINATION OF SANCTIONS.

    (a) Authority To Suspend Sanctions if Transition Government in 
Power.--Upon submitting to the appropriate congressional committees a 
determination under section 101(a) that a transition government is in 
power in Venezuela, the President, after consultation with Congress, 
may take steps to suspend the sanctions imposed under this title, to 
the extent that such steps contribute to a stable foundation for a 
democratically elected government in Venezuela.
    (b) Termination of Sanctions if Democratically Elected Government 
in Power.--Upon submitting to the appropriate congressional committees 
a determination under section 101(a) that a democratically elected 
government is in power in Venezuela, the President shall take steps to 
terminate the sanctions imposed under this title.
    (c) Review of Suspension of Sanctions.--
            (1) Reporting requirements.--If the President takes action 
        under subsection (a) to suspend the sanctions imposed under 
        this title, the President shall--
                    (A) immediately notify Congress of that action; and
                    (B) submit to Congress, not less frequently than 
                every 180 days thereafter until the President submits 
                to the appropriate congressional committees a 
                determination under section 101(a) that a 
                democratically elected government is in power in 
                Venezuela, a report on the progress being made by 
                Venezuela toward the establishment of a democratically 
                elected government.
            (2) Congressional review.--
                    (A) Joint resolution of disapproval defined.--In 
                this paragraph, the term ``joint resolution of 
                disapproval'' means a joint resolution, the sole matter 
                after the resolving clause of which is as follows: 
                ``That Congress disapproves the action of the President 
                under section 307(a) of the Venezuelan Democracy Act to 
                suspend the sanctions imposed under title II of that 
                Act, notice of which was submitted to the Congress on 
                ____.'', with the blank space being filled with the 
                date on which the President notified Congress with 
                respect to the action under paragraph (1)(A).
                    (B) Effect of enactment.--An action taken by the 
                President under subsection (a) shall cease to be 
                effective upon the enactment of a joint resolution of 
                disapproval with respect to that action.
                    (C) Referral to committees.--
                            (i) Senate.--A joint resolution of 
                        disapproval introduced in the Senate shall be 
                        referred to the Committee on Foreign Relations.
                            (ii) House of representatives.--A joint 
                        resolution of disapproval introduced in the 
                        House of Representatives shall be referred to 
                        the Committee on Foreign Affairs.
                    (D) Procedures.--
                            (i) Senate.--A joint resolution of 
                        disapproval shall be considered in the Senate 
                        in accordance with the provisions of section 
                        601(b) of the International Security Assistance 
                        and Arms Export Control Act of 1976 (Public Law 
                        94-329; 90 Stat. 765).
                            (ii) House of representatives.--For the 
                        purpose of expediting the consideration and 
                        enactment of a joint resolution of disapproval, 
                        a motion to proceed to the consideration of 
                        such a resolution after it has been reported by 
                        the appropriate committee under subparagraph 
                        (C) shall be treated as highly privileged in 
                        the House of Representatives.
                            (iii) Limitation.--Not more than one joint 
                        resolution of disapproval may be considered in 
                        the Senate and the House of Representatives 
                        in--
                                    (I) the 180-day period beginning on 
                                the date on which the President 
                                notifies Congress under paragraph 
                                (1)(A) with respect to action taken 
                                under subsection (a); and
                                    (II) each 180-day period 
                                thereafter.
                    (E) Rules of house of representatives and senate.--
                This paragraph is enacted by Congress--
                            (i) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives, 
                        respectively, and as such is deemed a part of 
                        the rules of each House, respectively, and 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            (ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.

SEC. 308. IMPLEMENTATION; PENALTIES.

    (a) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) to carry out this title.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        title or any regulation, license, or order issued to carry out 
        this title 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.
            (3) Waiver.--The President may waive the application of 
        sanctions under this title with respect to a foreign person if 
        the President, not later than 10 days before the waiver is to 
        take effect, determines and certifies to the appropriate 
        congressional committees that such a waiver is in the vital 
        national security interest of the United States. The President 
        shall submit with the certification a detailed justification 
        explaining the reasons for the waiver.

        TITLE IV--ASSISTANCE TO A FREE AND INDEPENDENT VENEZUELA

SEC. 401. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY 
              ELECTED GOVERNMENT IN VENEZUELA.

    It is the policy of the United States--
            (1) to support the self-determination of the people of 
        Venezuela;
            (2) to recognize that the self-determination of the people 
        of Venezuela is a sovereign and national right of the citizens 
        of Venezuela, which must be exercised free of interference by 
        the government of any other country;
            (3) to encourage the people of Venezuela to empower 
        themselves with a government that reflects the self-
        determination of the people of Venezuela;
            (4) to recognize the potential for a difficult transition 
        from the current regime in Venezuela, which may result from the 
        initiatives taken by the people of Venezuela for self-
        determination in response to the intransigence of the regime of 
        Nicolas Maduro in not allowing any substantive political or 
        economic reforms;
            (5) to be prepared to provide the people of Venezuela with 
        humanitarian, developmental, and other economic assistance;
            (6) in solidarity with the people of Venezuela, to provide 
        appropriate forms of assistance--
                    (A) to a transition government in Venezuela;
                    (B) to facilitate the rapid movement from such a 
                transition government to a democratically elected 
                government in Venezuela, which results from an 
                expression of the self-determination of the people of 
                Venezuela; and
                    (C) to support such a democratically elected 
                government;
            (7) through such assistance, to facilitate a peaceful 
        transition to representative democracy and a market economy in 
        Venezuela and to consolidate democracy in Venezuela;
            (8) to deliver such assistance to the people of Venezuela 
        only through--
                    (A) a transition government in Venezuela;
                    (B) a democratically elected government in 
                Venezuela;
                    (C) United States Federal departments and agencies; 
                or
                    (D) United States, international, or appropriate 
                local nongovernmental organizations;
            (9) to encourage other countries and multilateral 
        organizations to provide similar assistance, and to work 
        cooperatively with such countries and organizations to 
        coordinate such assistance;
            (10) to ensure that appropriate assistance is rapidly 
        provided and distributed to the people of Venezuela upon the 
        institution of a transition government in Venezuela;
            (11) not to provide favorable treatment or influence on 
        behalf of any individual or entity in the selection by the 
        people of Venezuela of their future government;
            (12) to assist a transition government in Venezuela and a 
        democratically elected government in Venezuela to prepare the 
        Venezuelan military forces for an appropriate role in a 
        democracy;
            (13) to take steps to remove economic and diplomatic 
        sanctions imposed with respect to Venezuelan persons, as 
        appropriate, when the President determines that a transition to 
        a democratically elected government in Venezuela has begun;
            (14) to assist a democratically elected government in 
        Venezuela to strengthen and stabilize the national currency of 
        Venezuela; and
            (15) to pursue mutually beneficial trade relations with a 
        free, democratic, and independent Venezuela.

SEC. 402. ASSISTANCE FOR THE PEOPLE OF VENEZUELA.

    (a) Plans for Providing Assistance.--
            (1) Development of plans.--
                    (A) In general.--The President shall develop--
                            (i) a plan for providing assistance to 
                        Venezuela under a transition government; and
                            (ii) a plan for providing assistance to 
                        Venezuela under a democratically elected 
                        government.
                    (B) Strategy for distribution.--Each plan developed 
                under subparagraph (A) shall include a strategy for 
                distributing assistance under the plan.
            (2) Types of assistance.--
                    (A) Transition government.--
                            (i) In general.--Except as provided in 
                        clause (ii), assistance to Venezuela under a 
                        transition government under the plan developed 
                        under paragraph (1)(A)(i) shall be limited to--
                                    (I) such food, medicine, medical 
                                supplies and equipment, and assistance 
                                to meet emergency energy needs, as is 
                                necessary to meet the basic human needs 
                                of the people of Venezuela; and
                                    (II) assistance described in 
                                subparagraph (C).
                            (ii) Additional assistance.--Assistance in 
                        addition to assistance under clause (i) may be 
                        provided to Venezuela under a transition 
                        government if the President certifies to the 
                        appropriate congressional committees, in 
                        accordance with procedures applicable to 
                        reprogramming notifications under section 634A 
                        of the Foreign Assistance Act of 1961 (22 
                        U.S.C. 2394-1), that such assistance is 
                        essential to the successful and timely 
                        completion of the transition to democracy.
                    (B) Democratically elected government.--Assistance 
                to Venezuela under a democratically elected government 
                under the plan developed under paragraph (1)(A)(ii) may 
                include, in addition to assistance available under 
                subparagraphs (A) and (C)--
                            (i) assistance under--
                                    (I) chapter 1 of part I of the 
                                Foreign Assistance Act of 1961 (22 
                                U.S.C. 2151 et seq.) (relating to 
                                development assistance); and
                                    (II) chapter 4 of part II of that 
                                Act (22 U.S.C. 2346 et seq.) (relating 
                                to the economic support fund);
                            (ii) assistance under the Food for Peace 
                        Act (7 U.S.C. 1691 et seq.);
                            (iii) financing, guarantees, and other 
                        forms of assistance provided by the Export-
                        Import Bank of the United States;
                            (iv) support provided by the United States 
                        International Development Finance Corporation 
                        for investment projects in Venezuela;
                            (v) assistance provided by the Trade and 
                        Development Agency;
                            (vi) Peace Corps programs; and
                            (vii) other appropriate assistance to carry 
                        out the policy set forth in section 401.
                    (C) Military adjustment assistance.--Assistance to 
                a transition government in Venezuela and to a 
                democratically elected government in Venezuela shall 
                also include assistance in preparing the Venezuelan 
                military forces to adjust to an appropriate role in a 
                democracy.
            (3) Distribution.--Assistance under a plan developed under 
        paragraph (1) shall be provided through United States Federal 
        departments and agencies and nongovernmental organizations and 
        private and voluntary organizations, whether within or outside 
        the United States, including humanitarian, educational, labor, 
        and private sector organizations.
            (4) Communication with people of venezuela.--The President 
        shall take the necessary steps to communicate to the people of 
        Venezuela the plans for assistance developed under paragraph 
        (1).
            (5) Report to congress.--Not later than 90 days after the 
        date of the enactment of this Act, the President shall submit 
        to the appropriate congressional committees a report describing 
        in detail the plans developed under paragraph (1).
    (b) Implementation of Plans; Reports to Congress.--
            (1) Implementation with respect to transition government.--
        Upon submitting to the appropriate congressional committees a 
        determination under section 101(a) that a transition government 
        is in power in Venezuela, the President shall commence the 
        delivery and distribution of assistance to the transition 
        government under the plan developed under subsection 
        (a)(1)(A)(i).
            (2) Reports to congress.--
                    (A) Plan for assistance under transition 
                government.--The President shall submit to the 
                appropriate congressional committees a report--
                            (i) setting forth the plan developed under 
                        subsection (a)(1)(A)(i) for providing 
                        assistance to Venezuela under a transition 
                        government; and
                            (ii) describing the types of assistance, 
                        and the extent to which such assistance has 
                        been distributed, in accordance with the plan.
                    (B) Deadlines for submission.--The President shall 
                submit to the appropriate congressional committees--
                            (i) a preliminary report described in 
                        subparagraph (A) not later than 15 days after 
                        making the determination described in paragraph 
                        (1); and
                            (ii) the final report described in 
                        subparagraph (A) not later than 90 days after 
                        making that determination.
            (3) Implementation with respect to democratically elected 
        government.--Upon submitting to the appropriate congressional 
        committees a determination under section 101(a) that a 
        democratically elected government is in power in Venezuela, the 
        President shall commence the delivery and distribution of 
        assistance to the democratically elected government under the 
        plan developed under subsection (a)(1)(A)(ii).
            (4) Annual reports to congress.--Not later than 60 days 
        after the end of each fiscal year, the President shall submit 
        to the appropriate congressional committees a report on the 
        assistance provided under the plans developed under subsection 
        (a), including--
                    (A) a description of each type of assistance and 
                the amounts expended for such assistance during the 
                preceding fiscal year; and
                    (B) a description of the assistance to be provided 
                under the plans in the fiscal year in which the report 
                is submitted.
    (c) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
            (1) implementing the strategies for distributing assistance 
        described in subsection (a)(1)(B);
            (2) ensuring the speedy and efficient distribution of such 
        assistance; and
            (3) ensuring coordination among, and appropriate oversight 
        by, the agencies of the United States that provide assistance 
        described in section 402(a), including resolving any disputes 
        among such agencies.
    (d) Reprogramming.--Any changes in the assistance to be provided 
under a plan developed under subsection (a) may not be made unless the 
President notifies the appropriate congressional committees at least 15 
days in advance in accordance with the procedures applicable to 
reprogramming notifications under section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).
    (e) Funding Limitation.--Assistance may be provided under this 
section only if amounts are authorized to be appropriated, and are 
appropriated, to provide such assistance.
    (f) International Efforts.--The President shall take the necessary 
steps--
            (1) to seek to obtain the agreement of other countries and 
        of international financial institutions and multilateral 
        organizations to provide to a transition government in 
        Venezuela, and to a democratically elected government in 
        Venezuela, assistance comparable to that provided by the United 
        States under this section; and
            (2) to work with such countries, institutions, and 
        organizations to coordinate all such assistance programs.

SEC. 403. REPORT ON TRADE AND INVESTMENT RELATIONS BETWEEN THE UNITED 
              STATES AND VENEZUELA.

    (a) Report to Congress.--Upon submitting to the appropriate 
congressional committees a determination under section 101(a) that a 
democratically elected government is in power in Venezuela, the 
President shall submit to the Committee on Ways and Means of the House 
of Representatives, the Committee on Finance of the Senate, and the 
appropriate congressional committees a report that describes--
            (1) acts, policies, and practices that constitute 
        significant barriers to, or distortions of, United States trade 
        in goods or services or foreign direct investment with respect 
        to Venezuela; and
            (2) policy objectives of the United States regarding trade 
        relations with a democratically elected government in 
        Venezuela, and the reasons for such objectives, including 
        possible reciprocal extension of nondiscriminatory trade 
        treatment (most-favored-nation treatment).
    (b) Consultation.--With respect to the policy objectives described 
in subsection (a), the President shall--
            (1) consult with the Committee on Ways and Means of the 
        House of Representatives, the Committee on Finance of the 
        Senate, and the appropriate congressional committees; and
            (2) seek advice from the appropriate advisory committees 
        established under section 135 of the Trade Act of 1974 (19 
        U.S.C. 2155).

                      TITLE V--GENERAL PROVISIONS

SEC. 501. EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT ACTIVITIES.

    Nothing in this Act prohibits any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency, or of an intelligence agency, of the United States.

SEC. 502. EXCEPTION RELATING TO IMPORTATION OF GOODS.

    (a) In General.--Notwithstanding any other provision of this Act, 
the authorities and requirements to impose sanctions under this Act 
shall not include the authority or a requirement to impose sanctions on 
the importation of goods.
    (b) Good Defined.--In this section, the term ``good'' means any 
article, natural or manmade substance, material, supply or manufactured 
product, including inspection and test equipment, and excluding 
technical data.
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