S.Amdt. 3247

SA 3247. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 1291. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS
IN ENERGY SECTOR OF VENEZUELA UNTIL THE
LEGITIMATE RESULTS OF THE JULY 28, 2024,
ELECTION ARE RESPECTED.

(a) Prohibition.--
(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 an entity
owned or controlled by a United States person, to invest,
trade, or operate within the energy sector of Venezuela,
including the provision of goods, services, or finance to--
(i) Petroleos de Venezuela, S.A., or subsidiaries,
representatives, or related companies of Petroleos de
Venezuela, S.A.; or
(ii) the regime of Nicolas Maduro or any nondemocratic
successor government in Venezuela.
(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 law and 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) Implementation; Penalties.--
(1) Implementation.--
(A) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, may take such
actions, including prescribing regulations, as are necessary
to implement this section.
(B) IEEPA authorities.--The Secretary of the Treasury may
exercise the 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 the extent necessary
to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, directive, or
order issued to carry out that subsection 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.
(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.
(d) Termination of Prohibition.--The prohibitions under
subsection (a) shall terminate on the date on which the
President submits to Congress a determination that the regime
of Nicolas Maduro has recognized the July 28, 2024, electoral
victory of Edmundo Gonzalez and relinquished power to the
legitimately democratically elected government in Venezuela.
(e) United States Person Defined.--In this section, the
term ``United States person'' means--
(1) a United States citizen or alien lawfully admitted for
permanent residence to the United States;
(2) 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
(3) any person physically located in the United States.
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