[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 995 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 995
To promote democracy in Venezuela, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2023
Mr. Risch (for himself, Mr. Rubio, Mr. Hagerty, Mr. Scott of Florida,
and Mr. Barrasso) 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.
Sec. 309. Report on specific licenses that authorize transactions with
sanctioned persons.
Sec. 310. Report on foreign persons doing business with the Maduro
regime.
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.
SEC. 309. REPORT ON SPECIFIC LICENSES THAT AUTHORIZE TRANSACTIONS WITH
SANCTIONED PERSONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of the Treasury, in coordination with the Secretary
of State, shall submit to the committees specified in
subsection (c) a report that includes a list of specific
licenses issued by the Secretary of the Treasury during the
period specified in paragraph (2) that authorize any
transaction with a person with respect to which sanctions have
been imposed under section 303, 304, or 305.
(2) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required by
paragraph (1), the 180-day period preceding submission
of the report; and
(B) in the case of any subsequent report required
by that paragraph, the 90-day period preceding
submission of the report.
(b) Submission of Copies of Licenses on Request.--The Secretary of
the Treasury shall expeditiously provide to the committees specified in
subsection (c) a copy of any license identified in a report submitted
under subsection (a) if an appropriate Member of Congress requests a
copy of that license not later than 60 days after the report is
submitted.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 310. REPORT ON FOREIGN PERSONS DOING BUSINESS WITH THE MADURO
REGIME.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees a report that identifies any foreign person
that--
(1) engages in or has engaged in a significant transaction
or transactions, or any other dealings with, or has provided
material support to or for--
(A) the Government of Venezuela;
(B) any person the President determines to be
knowingly responsible for or complicit in, or
responsible for ordering, controlling, or otherwise
directing, or to have participated in, directly or
indirectly--
(i) actions or policies that significantly
undermine democratic processes or institutions;
(ii) significant acts of violence or
conduct that constitute serious human rights
abuse, including against persons involved in
antigovernment protests in Venezuela on or
after February 1, 2014;
(iii) actions that prohibit, limit, or
penalize the exercise of freedom of expression
or peaceful assembly; or
(iv) significant public corruption by
senior officials within the Government of
Venezuela; or
(C) any entity that has, or whose members have,
engaged in any activity described in subparagraph (B);
(2) operates in the gold, financial, energy, shipping, or
shipbuilding sector of the economy of Venezuela;
(3) operates in the ports, free trade zones, or special
economic zones of Venezuela;
(4) is owned or controlled by a foreign person described in
paragraph (1), (2), or (3); or
(5) has knowingly materially assisted, sponsored, or
provided significant financial, material, or technological
support for, or goods or services in support of, a foreign
person described in paragraph (1), (2), or (3).
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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