118 HR 5670 IH: Venezuelans Overcoming Interference and Corruption in Elections Act
U.S. House of Representatives
2023-09-21
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EN
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I
118th CONGRESS
1st Session
H. R. 5670
IN THE HOUSE OF REPRESENTATIVES
September 21, 2023
Ms. Wasserman Schultz (for herself and Ms. Salazar) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To require certain actions relating to the protection of free, fair, and transparent elections in Venezuela, and for other purposes.
1.

Short title
This Act may be cited as the “Venezuelans Overcoming Interference and Corruption in Elections Act” or the “VOICE Act”.
2.

Sense of Congress
It is the sense of Congress that—
(1)
the arbitrary and unconstitutional actions of the Maduro regime to undermine Venezuelan democracy, including attempts to disqualify opposition candidates from participating in the 2024 presidential election, demonstrate flagrant disregard for the basic political rights of Venezuelans and merit condemnation in the strongest terms from the United States and other Western Hemisphere democracies;
(2)
the disqualification of political opponents illustrates the Maduro regime’s intent to continue to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens;
(3)
the United States supports the people of Venezuela in their efforts to advance representative democracy, human rights, and the rule of law within their country; and
(4)
the United States should make every possible effort to promote international recognition of the legitimacy of the presidential primary organized by the democratic Unitary Platform, and to support the registration and participation of Venezuelan migrants and refugees residing in the United States in the election.
3.

Sanctions for certain actions relating to disqualification of Venezuelan presidential candidates
(a)

In general
The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines—
(1)
has prevented, or is responsible for ordering or otherwise directing the prevention of, any individual that the President determines to be an opponent candidate, or prospective opponent candidate, seeking presidential election (including María Corina Machado, Henrique Capriles, and Freddy Superlano) from participating in the 2024 Venezuelan presidential election; or
(2)
has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of the acts described in paragraph (1).
(b)

Sanctions described
(1)

In general
The sanctions described in this subsection are the following:
(A)

Asset blocking
The exercise of 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 a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)

Exclusion from the United States and revocation of visa or other documentation
In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien.
(2)

Penalties
A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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)

Exceptions
The sanctions described in paragraph (1) shall not apply with respect to a foreign person—
(A)
that the President determines is the subject of other sanctions equivalent to those described in paragraph (1); or
(B)
that is 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.
(c)

Waiver
The President may waive the application of sanctions under subsection (b) with respect to a foreign person if the President—
(1)
determines that such a waiver is in the national interest of the United States; and
(2)
on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a notice of and justification for the waiver.
(d)

Regulatory authority
The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
(e)

Definition
In this section:
(1)

Admitted; alien
The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2)

Foreign person
The term “foreign person” means a person that is not a United States person.
(3)

Good
The term “good” has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(4)

Knowingly
The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(5)

Materially assisted
The term “materially assisted” means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraphs (1) through (3) of subsection (a).
(6)

United States person
The term “United States person” means—
(A)
a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
4.

International coordination on behalf of Venezuelan democracy
(a)

Sense of congress
It is the sense of Congress that the United States should engage with the Government of Canada, the European Union, the governments of other European countries, and the democratically elected governments of countries in Latin America and the Caribbean to enhance diplomatic cooperation and policy coordination toward the shared objective of restoring democracy for the Venezuelan people.
(b)

International organizations
The President, in consultation with the Secretary of State, shall direct the appropriate officials of the United States Government to use the voice, vote, and influence of the United States at international organizations to—
(1)
urge the Organization of American States and the United Nations, as well as any subordinate entities of either organization responsible for promoting democracy, to support the mission of the independent Venezuelan primary organizing commission by—
(A)
assisting efforts to register eligible Venezuelan nationals residing in third countries to vote in future elections in Venezuela;
(B)
ensuring the integrity and security of personal identifying information collected from Venezuelan nationals residing in other countries;
(C)
facilitating the delivery by nongovernmental organizations of humanitarian assistance and other critical services to the Venezuelan people, who may be subject to increasingly restrictive policies in advance of the 2024 election;
(D)
dispatching independent election observers to conduct oversight of the handling of the 2024 Venezuelan presidential election by the Maduro regime; and
(E)
documenting and reporting on attempts by the Maduro regime to suppress the vote through threats, intimidation, violence, blackmail, or extortion;
(2)
encourage international organizations to condemn the practice of the Maduro regime of disqualifying political opponents; and
(3)
commend the efforts of the Venezuelan democratic opposition to organize a free, fair, and transparent election in 2024 and provide an electoral alternative to the Maduro regime, which has committed crimes against humanity as evidenced by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council, in the report of such mission published in October 2022.
5.

Additional actions in support of democracy in Venezuela
(a)

Sense of Congress
It is the sense of Congress that a solution of the political and humanitarian crisis in Venezuela must include—
(1)
a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process;
(2)
an end to the usurpation of presidential authorities by Nicolás Maduro;
(3)
the restoration of democracy and the rule of law in Venezuela;
(4)
freeing political prisoners in Venezuela;
(5)
consistent and unhindered delivery of humanitarian aid to Venezuelans; and
(6)
accountability for the perpetrators of acts determined to be crimes against humanity by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council.
(b)

Special representative
Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, shall appoint a Special Representative for Venezuela from among the officers and employees of the Department of State, who shall assume primary responsibility for the following:
(1)
Coordinating initiatives across the United States Government to assist in streamlining United States policy toward Venezuela and ensuring prompt response to any changing political, economic, and humanitarian dynamics in Venezuela.
(2)
Supporting the Venezuela Affairs Unit in delivering information to Federal departments and agencies responsible for developing and implementing United States policy toward Venezuela.
(3)
Assisting the Venezuela Affairs Unit, the United States Citizenship and Immigration Services, and other Federal departments and agencies responsible for the administration of consular affairs in providing consular services to United States citizens in Venezuela and Venezuelans residing in the United States or in third countries.
(4)
Facilitating the participation of members of the Venezuelan diaspora residing in the United States in Venezuelan elections determined by the President to be free and fair with the uninhibited participation of opposition candidates.
(5)
Providing the appropriate congressional committees with briefs on the status of democracy and human rights in Venezuela.
(c)

Report required
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, the Administrator for the United States Agency for International Development, and the Chief Executive Officer of the United States Agency for Global Media, shall jointly submit to the appropriate congressional committees a report on obstacles to promoting independent news media and free access to information in Venezuela. Such report shall include—
(1)
an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs;
(2)
a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by Nicolás Maduro, members of the Maduro family, or individuals associated with his regime, and the extent of the operational scale and reach of any such platforms;
(3)
a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by individuals or entities associated with the Russian Federation, the Chinese Communist Party, the Islamic Republic of Iran, the Ortega regime in Nicaragua, or the Communist government of Cuba, and the operational scale and reach of any such platforms;
(4)
a list of any independent press organization, or person affiliated with such an organization, that has experienced intimidation, harassment, physical assault, theft of property, or fatal injury by agents of the Maduro regime or pro-government supporters in direct relation to their journalistic activities since April 2013;
(5)
an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela;
(6)
a description of existing United States efforts to strengthen freedom of the press and freedom of expression in Venezuela, including recommendations to expand upon those efforts; and
(7)
a proposed strategy for strengthening independent broadcasting, information distribution, and media platforms in Venezuela.
(d)

Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(2)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.