[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9546 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9546
To promote democracy in Venezuela, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2024
Ms. Salazar (for herself, Ms. Wasserman Schultz, Mr. Smith of New
Jersey, Mr. Waltz, Mrs. Gonzalez-Colon, Mr. Self, Mr. Wilson of South
Carolina, Mr. Moskowitz, and Mr. Lawler) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Financial Services, Rules, and Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To 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 ``Venezuela
Advancing Liberty, Opportunity, and Rights Act of 2024'' or the ``VALOR
Act of 2024''.
(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 DEMOCRATICALLY ELECTED GOVERNMENT IN
VENEZUELA
Sec. 101. Determinations of a democratically elected government in
Venezuela.
TITLE II--PROMOTING DEMOCRATIC CHANGE IN VENEZUELA
Sec. 201. United States policy regarding participation of Venezuela in
international financial institutions.
Sec. 202. United States policy regarding participation 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 and related
technologies in Venezuela.
Sec. 305. Blocking property of the Government of Venezuela.
Sec. 306. Termination of sanctions.
Sec. 307. Implementation; penalties.
Sec. 308. Report on specific licenses that authorize transactions with
sanctioned persons.
Sec. 309. Report on foreign persons doing business with the Maduro
regime.
TITLE IV--ASSISTANCE TO A FREE AND INDEPENDENT VENEZUELA
Sec. 401. Assistance for the people of Venezuela.
Sec. 402. Report on trade and investment relations between the United
States and Venezuela.
TITLE V--GENERAL PROVISIONS
Sec. 501. Effect 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 in Venezuela
through support for the people of Venezuela, and the use of the
full range of diplomatic tools, including the careful
application of sanctions directed at the regime of Nicolas
Maduro and any nondemocratic successor government;
(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 government 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. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
TITLE I--DETERMINATIONS OF A DEMOCRATICALLY ELECTED GOVERNMENT IN
VENEZUELA
SEC. 101. DETERMINATIONS OF A DEMOCRATICALLY ELECTED GOVERNMENT IN
VENEZUELA.
(a) In General.--Upon making a determination that 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 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--
(1) results from free and fair elections--
(A) conducted under the supervision of
internationally recognized election observers; and
(B) in which--
(i) all qualified candidates were allowed
to participate;
(ii) opposition parties were permitted
ample time to organize and campaign for such
elections; and
(iii) all qualified candidates were
permitted full access to the media;
(2) is making demonstrable progress in--
(A) establishing an independent judiciary;
(B) respecting internationally recognized human
rights, basic civil liberties, and fundamental freedoms
as set forth in the Universal Declaration of Human
Rights, which was adopted unanimously by the United
Nations General Assembly and supported by Venezuela;
(C) allowing the establishment of independent
social, economic, and political associations;
(D) 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; and
(E) assuring the right to private property;
(3) does not include Nicolas Maduro or any persons--
(A) with respect to which sanctions have been
imposed by the Office of Foreign Assets Control; or
(B) sought by the United States Department of
Justice;
(4) 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 the National
Assembly and the immunities for deputies;
(5) 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;
(6) has released all political prisoners and allowed for
investigations of Venezuelan prisons by appropriate
international human rights organizations;
(7) has dissolved the Colectivos and any state security and
intelligence service credibly accused of committing gross
violations of human rights;
(8) 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;
(9) is not providing any support to any group, in any other
country, that seeks the violent overthrow of the government of
that country;
(10) has permitted the deployment throughout Venezuela of
independent and unfettered international human rights monitors;
and
(11) has freed all hostages and illegally and wrongfully
detained United States nationals.
TITLE II--PROMOTING DEMOCRATIC CHANGE IN VENEZUELA
SEC. 201. UNITED STATES POLICY REGARDING PARTICIPATION OF VENEZUELA IN
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to oppose
the seating of representatives of the regime of Nicolas Maduro or any
nondemocratic successor government as a member of that institution.
(b) Steps After Democratically Elected 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
democratically elected government is in power in Venezuela--
(1) the President is encouraged to take steps to support
the seating of representatives of the democratically elected
government to represent Venezuela in each international
financial institution; and
(2) the Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose any assistance from the institution to
Venezuela that the United States Government does not assess
contributes to a stable foundation for a democratically elected
government in Venezuela.
(c) International Financial Institution Defined.--In this section,
the term ``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 PARTICIPATION 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
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 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. 204. 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.
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) or (B), 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) Statement of Policy Regarding 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.--The authority to impose sanctions under
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.
(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
clause (i);
(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 subparagraph (A)(i); and
(ii) securities qualifying as debt
instruments issued by the Maduro regime covered
by subparagraph (A)(ii);
(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. 304. 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. 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 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.
SEC. 306. TERMINATION OF SANCTIONS.
(a) In General.--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.
(b) Review of Termination of Sanctions.--
(1) Reporting requirements.--Upon taking action under
subsection (a) to terminate 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 for 3 years, 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 306(a) of the Venezuela Advancing
Liberty, Opportunity, and Rights Act of 2024 to
terminate the sanctions imposed under title III 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. 307. 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. 308. 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 180 days thereafter until
the date that is 10 years after the date of the enactment of
this Act, the Secretary of the Treasury, in coordination with
the Secretary of State, shall submit to the appropriate
congressional committees a report that includes--
(A) a list of specific licenses issued by the
Secretary of the Treasury during the 180-day period
preceding submission of the report that authorize any
transaction with a person with respect to which
sanctions have been imposed under section 303, 304, or
305; and
(B)(i) in the case of the first report, an estimate
of funds the Maduro regime has accessed as a result of
licenses issued by the Office of Foreign Assets Control
since January 20, 2021; and
(ii) in the case of any subsequent report, an
estimate of the funds the Maduro regime has accessed as
a result of such licenses issued during the 180-day
period preceding submission of the report.
(2) Elements.--The report required by paragraph (1) shall
include, with respect to each entity that received a specific
license described in that paragraph, the following information:
(A) The name of the entity.
(B) A brief description of the activity authorized
by the license.
(C) A brief justification of why the Office of
Foreign Assets Control granted the license.
(b) Submission of Copies of Licenses on Request.--The Secretary of
the Treasury shall expeditiously provide to the appropriate
congressional committees 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) Business Confidential Information.--
(1) In general.--The Secretary of the Treasury shall, in
each report required by subsection (a) and any submission under
subsection (b), identify any proprietary information submitted
by any private sector representative and mark such information
as ``business confidential information''.
(2) Treatment as trade secrets.--Business confidential
information described in paragraph (1) shall be considered to
be a matter falling within the meaning of the exception for
trade secrets and commercial or financial information under
subsection (b)(4) of section 552 of title 5, United States
Code, and shall be exempt from disclosure under such section
without the express approval of the private party.
(3) Form of report and submissions.--Each report required
by subsection (a) and any submission under subsection (b) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) Sunset.--The section shall have no force or effect after the
end of the 10-year period beginning on the date of the enactment of
this Act.
SEC. 309. 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
in Venezuela;
(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 in Venezuela; 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).
TITLE IV--ASSISTANCE TO A FREE AND INDEPENDENT VENEZUELA
SEC. 401. ASSISTANCE FOR THE PEOPLE OF VENEZUELA.
(a) Plan for Providing Assistance.--
(1) Development of plan.--
(A) In general.--The President shall develop a plan
for providing assistance to Venezuela under a
democratically elected government.
(B) Strategy for distribution.--The plan developed
under subparagraph (A) shall include a strategy for
distributing assistance under the plan.
(2) Types of assistance.--Assistance to Venezuela under a
democratically elected government provided pursuant to the plan
developed under paragraph (1) may include--
(A) 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;
(B) 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);
(C) assistance under the Food for Peace Act (7
U.S.C. 1691 et seq.);
(D) financing, guarantees, and other forms of
assistance provided by the Export-Import Bank of the
United States;
(E) assistance provided by the Trade and
Development Agency; and
(F) Peace Corps programs.
(3) Distribution.--Assistance under the 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 plan 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 plan developed under paragraph (1).
(b) Implementation of Plan; Reports to Congress.--
(1) Implementation of plan.--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).
(2) 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 plan 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 plan 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 strategy 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 subsection (a)(2), including resolving any
disputes among such agencies.
(d) Reprogramming.--Any changes in the assistance to be provided
under the 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 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. 402. 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 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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