[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4979-S4983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2668. Mr. RISCH (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--VENEZUELAN DEMOCRACY ACT
SECTION 1701. SHORT TITLE.
This title may be cited as the ``Venezuelan Democracy
Act''.
SEC. 1702. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to seek a peaceful transition to democracy 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 stop the evasion of United States sanctions on the
Maduro regime and to seek the speedy termination of any
remaining military, security, 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 the Republic of
Cuba, the Islamic Republic of Iran, the Russian Federation,
and the People's Republic of China;
(4) 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
(5) 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
as described in paragraph (1).
SEC. 1703. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, 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.
Subtitle A--Determinations of a Transition Government or Democratically
Elected Government in Venezuela
SEC. 1711. 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) shows 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 all
political parties and candidates, including by lifting all
judicial interventions of political parties and restrictions
on all presidential candidates;
(E) has released all political prisoners and allowed for
investigations of Venezuelan prisons by appropriate
international human rights organizations;
(F) has dissolved the Colectivos and any state security and
intelligence service credibly accused of committing gross
violations of human rights;
(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 24 months after the transition government assumes
power;
(ii) with the participation of all candidates and political
parties with 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
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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) all candidates were allowed to participate;
(ii) opposition parties were permitted ample time to
organize and campaign for such elections; and
(iii) 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.
Subtitle B--Promoting Democratic Change in Venezuela
SEC. 1721. 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 1711(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 1711(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. 1722. 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 of American States until the
President submits to the appropriate congressional committees
a determination under section 1711(a) that a democratically
elected government is in power in Venezuela.
SEC. 1723. 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 of
American States 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. 1724. SUPPORT FOR THE PEOPLE OF VENEZUELA.
The President--
(1) may, pursuant to General License 29 of the Office of
Foreign Assets Control of the Department of the Treasury,
provide assistance through independent nongovernmental
organizations to support humanitarian projects in Venezuela--
(A) to meet basic human needs;
(B) to build democracy;
(C) to provide education;
(D) for non-commercial development projects; and
(E) for environmental protection; and
(2) shall establish safeguards to ensure that any
assistance provided pursuant to paragraph (1) is--
(A) not providing material benefit to the Maduro regime;
and
(B) used for the purposes for which it was intended and
only for the use and benefit of the people of Venezuela
Subtitle C--Sanctions
SEC. 1731. DEFINITIONS.
In this subtitle:
(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
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the United States (including a foreign branch of any such
entity); and
(C) any person physically located in the United States.
SEC. 1732. 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 title.
(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 1711(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 1724(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. 1733. 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; and
(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.
(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. 1734. SANCTIONS WITH RESPECT TO CRYPTOCURRENCY AND
RELATED TECHNOLOGIES IN VENEZUELA.
(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 relates to, provides financing for, or
otherwise deals 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).
(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. 1735. 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.--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.
(d) Applicability.--Subsection (a) and the prohibition
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.
[[Page S4982]]
SEC. 1736. 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 1711(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 subtitle, 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
1711(a) that a democratically elected government is in power
in Venezuela, the President shall take steps to terminate the
sanctions imposed under this subtitle.
(c) Review of Suspension of Sanctions.--
(1) Reporting requirements.--If the President takes action
under subsection (a) to suspend the sanctions imposed under
this subtitle, 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 1711(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 1736(a) of the
Venezuelan Democracy Act to suspend the sanctions imposed
under subtitle B 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. 1737. 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 subtitle.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle 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 subtitle 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. 1738. 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 1733, 1734, or 1735.
(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. 1739. 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 mining, 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).
Subtitle D--Assistance to a Free and Independent Venezuela
SEC. 1751. 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
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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 provided
pursuant to 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) assistance provided by the Trade and Development
Agency; and
(v) Peace Corps programs.
(C) Military adjustment assistance.--Assistance to a
transition government in Venezuela and to a democratically
elected government in Venezuela may 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 relevant 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 1711(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 1711(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 Secretary of State shall
designate a coordinating official of the Department of State
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 1751(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 Secretary of State 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. 1752. 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
1711(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).
Subtitle E--General Provisions
SEC. 1761. EFFECT ON LAWFUL UNITED STATES GOVERNMENT
ACTIVITIES.
Nothing in this title prohibits any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency, or of an intelligence agency, of the
United States.
SEC. 1762. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of
this title, the authorities and requirements to impose
sanctions under this title 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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