[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
instru