94 HR 9546 IH: Venezuela Advancing Liberty, Opportunity, and Rights Act of 2024
U.S. House of Representatives
2024-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 9546
IN THE HOUSE OF REPRESENTATIVES
September 11, 2024
Ms. Salazar (for herself, Ms. Wasserman Schultz, Mr. Smith of New Jersey, Mr. Waltz, Mrs. González-Colón, 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.
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.
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).
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.
I

Determinations of a democratically elected government in Venezuela
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.
II

Promoting democratic change in Venezuela
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.
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.
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.
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.
III

Sanctions
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.
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”.
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 Petróleos 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 Petróleos 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 Petróleos 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.
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.
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.
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.
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.
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.
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).
IV

Assistance to a free and independent Venezuela
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.
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).
V

General provisions
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.
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.