Overview

Title

To promote democracy in Venezuela, and for other purposes.

ELI5 AI

The VALOR Act of 2024 is a plan by the U.S. to help Venezuela be more democratic, stop bad leaders from getting support, and make sure people there get help, but some parts are a bit confusing about how things will be done and who decides what happens.

Summary AI

The Venezuela Advancing Liberty, Opportunity, and Rights Act of 2024 or VALOR Act of 2024 aims to promote democracy in Venezuela through various measures such as supporting human rights groups and democratic observers, opposing sanctions evasion, and blocking financial support to the Maduro regime and any nondemocratic successor governments. It outlines the U.S. policy to work with other countries to facilitate Venezuela's democratic transition and includes provisions for humanitarian aid directly to the Venezuelan people. The Act provides guidelines for imposing and eventually lifting sanctions upon the successful establishment of a democratically elected government in Venezuela. Additionally, the bill emphasizes international cooperation for aiding a free Venezuelan government and specifies that it does not target goods imported into the United States.

Published

2024-09-11
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-11
Package ID: BILLS-118hr9546ih

Bill Statistics

Size

Sections:
21
Words:
7,582
Pages:
39
Sentences:
167

Language

Nouns: 2,237
Verbs: 544
Adjectives: 407
Adverbs: 88
Numbers: 253
Entities: 463

Complexity

Average Token Length:
4.50
Average Sentence Length:
45.40
Token Entropy:
5.43
Readability (ARI):
26.00

AnalysisAI

General Summary

The "Venezuela Advancing Liberty, Opportunity, and Rights Act of 2024," or the "VALOR Act of 2024," is a legislative proposal aimed at promoting democratic governance in Venezuela. This bill primarily focuses on enforcing sanctions against the regime of Nicolas Maduro and similar nondemocratic successors while outlining measures to support democracy-building efforts and humanitarian projects in Venezuela. It also establishes criteria for recognizing a democratically elected government in Venezuela and provides a framework for potential U.S. engagement and sanctions relief once such a government is established. The bill has been referred to several committees in the House of Representatives, including the Committee on Foreign Affairs.

Significant Issues

Several issues emerge from a detailed analysis of the bill:

  • Ambiguity in Criteria for Democratic Governance: The bill sets out criteria for what constitutes a democratically elected government in Venezuela. However, terms like "making demonstrable progress" are subjective and could lead to varying interpretations. This ambiguity may affect the clarity and execution of U.S. policy concerning Venezuela.

  • Undefined Terms: The use of phrases like "nondemocratic government" (Section 202) and "independent nongovernmental organizations" (Section 204) without clear definitions could lead to confusion and disputes about eligibility and implementation.

  • Potential for Inefficient Use of Resources: The provision for voluntary contributions to the Organization of American States, specified as at least $5 million, raises concerns about accountability and effectiveness. There is a need for clear criteria to ensure that funds are used effectively.

  • Lack of Oversight and Transparency: Sections related to presidential powers and waivers (Section 307) do not specify oversight mechanisms or transparency requirements, potentially allowing for misuse.

  • Administrative Burdens: The frequent reporting requirements, such as reviewing transactions with sanctioned persons every 180 days for ten years (Section 308), might impose significant administrative burdens without necessarily informing actionable policy changes.

Impact on the Public

The enactment of the VALOR Act of 2024 could have several impacts on the public:

  • Public Perception of U.S. Foreign Policy: The bill's strong stance against the Maduro regime in Venezuela might be positively perceived by those who support democratic governance and human rights. However, it could also portray the U.S. as overly interventionist, especially in regions sensitive to foreign influence.

  • Resource Allocation and Taxpayer Concerns: The financial contributions and administrative costs associated with this bill may raise concerns among taxpayers about the effective use of public funds, especially in terms of oversight and accountability.

Impact on Stakeholders

The bill could have varying impacts on different stakeholders:

  • Venezuelan Citizens: For Venezuelans, especially those advocating for democratic reform and human rights, this bill represents a commitment from the U.S. to support their cause. However, sanctions, unless carefully implemented, might exacerbate economic hardships for ordinary citizens.

  • International Organizations and NGOs: Organizations involved in democracy-building or humanitarian efforts in Venezuela could benefit from increased funding and support. However, stringent criteria and the potential for ambiguous definitions may pose challenges in accessing these resources.

  • U.S. Government Agencies: Agencies implementing these measures may face significant administrative burdens and the challenge of ensuring that funds are appropriately allocated and result in tangible outcomes. The lack of specific oversight measures could further complicate effective administration.

  • Countries Maintaining Relations with Venezuela: Third-party countries that continue to engage with the Maduro regime may find themselves subjected to U.S. sanctions, complicating diplomatic relations and international trade dynamics.

Overall, while the VALOR Act of 2024 aims to address significant democratic and humanitarian issues in Venezuela, its effectiveness will largely depend on the clarity of its provisions, the accountability of its funding, and the flexibility of its implementation.

Financial Assessment

The Venezuela Advancing Liberty, Opportunity, and Rights Act of 2024, or VALOR Act of 2024, contains several financial provisions meant to support various initiatives related to promoting democracy in Venezuela. This commentary will explore the financial allocations and how they relate to the issues identified in the bill.

Financial Allocations and References

Section 203 mentions a specific financial contribution related to humanitarian and democratic efforts. It proposes that the President should provide not less than $5,000,000 in voluntary contributions from the United States to the Organization of American States. This fund is intended for the deployment of human rights observers and for those engaged in election support and observation in Venezuela. The intention is to bolster democratic processes during times of political transition.

Relation to Identified Issues

One of the issues identified in the bill is the lack of clear effectiveness or accountability criteria for the $5,000,000 contribution specified in Section 203. While the contribution aims to support human rights and democracy, the lack of detailed benchmarks for the success of these funds could result in questions about their efficiency and impact. Without clear effectiveness measures, this appropriation may appear as a potentially unchecked expenditure.

Additionally, Section 204 addresses humanitarian aid. It states that funding may be provided through independent nongovernmental organizations to assist with humanitarian projects in Venezuela. However, terms such as "independent nongovernmental organizations" and "basic human needs" are vaguely defined. This lack of clarity could affect the financial oversight and accountability of how funds are utilized, potentially leading to unintended consequences or misuse.

Furthermore, Section 308 mandates a report on licenses permitting transactions with sanctioned entities every 180 days for a decade. This extensive reporting requirement, while not a direct financial allocation, represents a significant administrative and potentially financial burden without clear evidence of a substantial impact on policy enforcement.

In conclusion, financial allocations in the VALOR Act of 2024 focus on supporting democratic initiatives and humanitarian aid for Venezuela. While these measures are well-intentioned, the lack of detailed accountability and oversight frameworks might lead to ambiguities in effectiveness and financial oversight. The provisions highlight the importance of clear definitions and benchmarks to ensure proper utilization and assessment of financial resources.

Issues

  • The criteria for determining a 'democratically elected government' in Venezuela in Section 101 are subjective and potentially ambiguous, such as 'making demonstrable progress' in certain areas, leading to differing interpretations. This could affect U.S. policy and create controversy both domestically and internationally.

  • Section 202 mentions the term 'nondemocratic government' without clear criteria for determination, which could lead to ambiguity and disputes within international and domestic entities regarding Venezuela's participation in the Organization of American States.

  • Section 306 does not specify the conditions for terminating sanctions or the criteria for determining a democratically elected government, leading to potential ambiguity and differing interpretations, which could significantly impact U.S.-Venezuela relations.

  • Section 204's vague definition of 'independent nongovernmental organizations' and 'basic human needs' could lead to ambiguity and different interpretations, potentially impacting the selection and implementation of assistance programs.

  • Section 301's definition of 'Government of Venezuela' as including individuals acting on behalf of the government might lead to ambiguity in enforcement or interpretation, affecting sanctions and other legal actions.

  • Section 203's provision for voluntary contributions of 'not less than $5,000,000' to the Organization of American States is seen as a potential giveaway without clear effectiveness or accountability criteria.

  • Section 309 lacks specified consequences or follow-up actions after reporting on foreign persons doing business with the Maduro regime, potentially limiting the effectiveness of those reports.

  • There is no specific mention of oversight mechanisms or transparency requirements for the President's potential waiver of sanctions under Section 307, allowing for potential misuse of the waiver process.

  • Section 308 requires a report every 180 days for 10 years on specific licenses authorizing transactions with sanctioned persons, which could lead to an excessive administrative burden without significantly impacting policy.

  • Section 304 prohibits transactions involving cryptocurrency issued by the Maduro regime but does not provide clear guidelines or criteria for determining violations, leading to potential enforcement challenges.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The VALOR Act of 2024 aims to support democratic change in Venezuela by outlining U.S. policies and sanctions, assisting Venezuelan citizens, and promoting political and human rights. It includes measures such as financial sanctions, assistance for the Venezuelan people, and specific reporting requirements related to U.S. trade relations and international support involving Venezuela.

2. Statement of policy Read Opens in new tab

Summary AI

The U.S. policy outlined in this section aims to achieve a peaceful transition to democracy in Venezuela by supporting its people and using diplomatic tools like sanctions against the Maduro regime and any nondemocratic successors. It seeks international cooperation, aims to halt assistance to the regime from countries like Cuba, Iran, Russia, and China, and plans to maintain or reduce sanctions based on Venezuela's progress toward democratization and respecting human rights.

3. Appropriate congressional committees defined Read Opens in new tab

Summary AI

In this section, the term “appropriate congressional committees” refers to certain specific committees in the U.S. Congress: the Senate's Committees on Foreign Relations and Banking, Housing, and Urban Affairs, and the House of Representatives' Committees on Foreign Affairs and Financial Services.

101. Determinations of a democratically elected government in Venezuela Read Opens in new tab

Summary AI

The U.S. President must determine and report to Congress that Venezuela has a democratically elected government, which means the government was chosen through free and fair elections, respects human rights, has an independent judiciary, and does not include certain sanctioned individuals. Additionally, Venezuela must meet various conditions such as freeing political prisoners, allowing opposition candidates, and permitting international human rights monitors.

201. United States policy regarding participation of Venezuela in international financial institutions Read Opens in new tab

Summary AI

The section outlines the U.S. position on Venezuela's participation in international financial institutions. It instructs U.S. representatives to oppose including representatives from Venezuela's nondemocratic government in these institutions, but to support those from a democratically elected government when in power. Additionally, it defines "international financial institution" to include organizations like the International Monetary Fund and the World Bank.

202. United States policy regarding participation of Venezuela in the Organization of American States Read Opens in new tab

Summary AI

The United States policy requires its representative to the Organization of American States to oppose any actions that would allow Venezuela's government to participate if it is not democratically elected. This will continue until the President informs Congress that Venezuela has a democratic government in place.

203. Authorization of support for democratic and human rights groups and international observers Read Opens in new tab

Summary AI

The text authorizes the President to support democratic and human rights groups, and OBSERVERS in Venezuela, focusing on the Organization of American States (OAS) to create an emergency fund for deploying human rights observers and election support; the U.S. will contribute at least $5 million to this fund and encourage other countries to support human rights monitoring in Venezuela. Additionally, it ensures no funds are given to Venezuela's government unless it is democratic.

Money References

  • (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

204. Support for the people of Venezuela Read Opens in new tab

Summary AI

The President is authorized to offer support through independent groups for humanitarian and educational projects in Venezuela, focusing on areas like basic needs, democracy, and environmental protection. Additionally, measures must be taken to ensure this aid does not benefit the Maduro regime and is used solely for the Venezuelan people.

301. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the bill, such as "entity," which includes various types of organizations like partnerships and corporations; "Government of Venezuela," encompassing the Venezuelan state, its agencies, and those associated with its regime; "person," meaning an individual or entity; and "United States person," which covers U.S. citizens, legal residents, entities organized under U.S. law, and individuals physically present in the U.S.

302. Blocking international support for a nondemocratic government in Venezuela Read Opens in new tab

Summary AI

The section outlines U.S. policy and possible sanctions regarding countries that support the nondemocratic government in Venezuela. It authorizes the President to restrict economic relations with Venezuela and impose sanctions on countries aiding Venezuela's government, except for humanitarian aid and medical exports, and details circumstances under which these measures can be lifted.

303. Financial sanctions with respect to debt instruments of Maduro regime Read Opens in new tab

Summary AI

United States persons and entities within the United States are prohibited from engaging in financial transactions involving debt instruments tied to the Maduro regime in Venezuela, including those issued by Petroleos de Venezuela, S.A. This includes restrictions on purchasing securities, conducting transactions on pledged collateral after May 21, 2018, and attempting to circumvent these rules, with the Treasury and State Departments responsible for implementing regulations and delegating authority as necessary.

304. Sanctions with respect to cryptocurrency and related technologies in Venezuela Read Opens in new tab

Summary AI

The section outlines that, starting from the date the Act is enacted, it is prohibited for U.S. citizens and businesses to engage in transactions involving digital currency issued by the Venezuelan government under Nicolas Maduro. It also authorizes the Secretary of the Treasury to create rules to enforce this ban, with the possibility of delegating enforcement authority to other government officials or agencies.

305. Blocking property of the Government of Venezuela Read Opens in new tab

Summary AI

The bill empowers the President to block and prevent all transactions related to property of the Government of Venezuela or people supporting them if these properties are under U.S. control. It also outlines enforcement, including rules by the Treasury and a prohibition on efforts to dodge these restrictions, applying to agreements made before the law's enactment.

306. Termination of sanctions Read Opens in new tab

Summary AI

The section outlines the process for ending sanctions against Venezuela if a democratically elected government is established, requiring the President to notify Congress and submit periodic reports on Venezuela's progress. It also details how Congress can disapprove of the President's action through a "joint resolution of disapproval," which, if enacted, would stop the termination of sanctions, and explains the procedures and limitations for considering such resolutions in both the Senate and the House of Representatives.

307. Implementation; penalties Read Opens in new tab

Summary AI

The President can use certain powers to enforce this title of the law and impose penalties on anyone who violates its rules. Violators face penalties similar to those in the International Emergency Economic Powers Act. However, the President can waive sanctions for foreign persons if it is determined to be in the national security interest of the United States, with a required notice and explanation to Congress.

308. Report on specific licenses that authorize transactions with sanctioned persons Read Opens in new tab

Summary AI

The section requires the Secretary of the Treasury, along with the Secretary of State, to submit a report every 180 days for ten years, detailing specific licenses that allow transactions with sanctioned persons. These reports must list the licenses issued, explain activities and justifications, and provide any requested business confidential information, while respecting the confidentiality of trade secrets as per U.S. law.

309. Report on foreign persons doing business with the Maduro regime Read Opens in new tab

Summary AI

The section mandates that within 180 days of the law being enacted, the Secretary of State must deliver a report to Congress listing foreign individuals or groups involved in significant dealings or support with the Venezuelan government or certain individuals linked to anti-democratic actions, violence, human rights abuses, censorship, or corruption in Venezuela. It also includes those operating in specific economic sectors or zones in Venezuela, and entities supporting such foreign persons.

401. Assistance for the people of Venezuela Read Opens in new tab

Summary AI

The bill section outlines a plan for the U.S. to give aid to Venezuela once a democratically elected government is in place. The plan involves providing food, medical supplies, and financial support, coordinating with international partners, and updating Congress regularly on progress.

402. Report on trade and investment relations between the United States and Venezuela Read Opens in new tab

Summary AI

The President must report to Congress about the trade and investment relationship between the United States and Venezuela once a democratically elected government is in place in Venezuela. This report should outline barriers and policy goals regarding trade with Venezuela and involve consultations with congressional and advisory committees.

501. Effect on lawful United States Government activities Read Opens in new tab

Summary AI

The section clarifies that the Act does not interfere with or prevent any legally authorized activities conducted by U.S. law enforcement or intelligence agencies.

502. Exception relating to importation of goods Read Opens in new tab

Summary AI

The section explains that the law does not allow or require sanctions on importing goods, despite any other rules in the law. It also clarifies that "goods" include all products and supplies except for technical data.