Russian-Venezuelan Threat Mitigation Act

IIB 116TH CONGRESS 1ST SESSION H. R. 1477 IN THE SENATE OF THE UNITED STATES MARCH 26, 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To require a threat assessment and strategy to counter Rus- sian influence in Venezuela, an assessment of foreign acquisition of CITGO assets in the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 2 HR 1477 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Russian-Venezuelan 2 Threat Mitigation Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) The Russian Federation’s increased pres- 6 ence in the Western Hemisphere is of concern to the 7 United States and our allies in the region. 8 (2) In December 2018, the Russian Federation 9 sent two Tu–160 nuclear-capable bombers to Ven- 10 ezuela for joint exercises with the Venezuelan mili- 11 tary. The Tu–160 can carry conventional or nuclear- 12 tipped cruise missiles with an estimated maximum 13 range of around 3,000 miles. 14 (3) Russian and Venezuelan forces took part in 15 a joint 10-hour exercise across the Caribbean in De- 16 cember 2018 with the Tu–160 nuclear-capable 17 bombers. 18 (4) Nicolas Maduro and his regime have turned 19 to the Russian Federation, one of its strongest polit- 20 ical allies, for financial support during its current 21 economic crisis and to counter international support 22 for Juan Guaido. 23 (5) In January 2018, Russia sent contractors 24 linked to the Wagner Group to provide security for 25 Nicolas Maduro. 26 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 3 HR 1477 RFS (6) Nicolas Maduro secured loans from the 1 Russian Federation to be repaid through future oil 2 exports, but fell behind on those payments in 2017. 3 News reports in December 2018 suggest that Rus- 4 sian State oil company Rosneft has lent Venezuelan 5 state oil company Petroleos de Venezuela (PdVSA) 6 $6.5 billion partly as prepayment for crude oil, $3.1 7 billion of which remained outstanding as of the end 8 of September 2018. 9 (7) In 2016, PdVSA secured a $1.5 billion loan 10 from Rosneft, and PdVSA used 49.9 percent of its 11 shares in United States-based and Venezuelan- 12 owned company CITGO as collateral. A Venezuelan 13 default could lead to potential Russian ownership of 14 United States energy infrastructure. 15 (8) At the conclusion of a 3-day visit to Moscow 16 in December 2018, Maduro announced $6 billion 17 worth of Russian investment pledges focused on the 18 oil and mining sectors as well as the export of 19 600,000 tons of Russian wheat to Venezuela to 20 cover its 2019 needs. 21 SEC. 3. THREAT ASSESSMENT AND STRATEGY TO COUNTER 22 RUSSIAN INFLUENCE IN VENEZUELA. 23 (a) THREAT ASSESSMENT.—Not later than 120 days 24 after the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 4 HR 1477 RFS of State shall submit to the appropriate congressional 1 committees an assessment on Russian-Venezuelan security 2 cooperation and the potential threat such cooperation 3 poses to the United States and countries in the Western 4 Hemisphere. 5 (b) STRATEGY.—Not later than 30 days after the 6 submission of the threat assessment required under sub- 7 section (a), the Secretary of State shall submit to the ap- 8 propriate congressional committees a strategy to counter 9 threats identified in such assessment from Russian-Ven- 10 ezuelan cooperation. 11 (c) FORM.—The threat assessment required under 12 subsection (a) shall be submitted in unclassified form but 13 may include a classified annex. 14 (d) DEFINITION.—In this section, the term ‘‘appro- 15 priate congressional committees’’ means the Committee on 16 Foreign Affairs of the House of Representatives and the 17 Committee on Foreign Relations of the Senate. 18 SEC. 4. ASSESSMENT OF FOREIGN ACQUISITION OF CITGO 19 ASSETS IN THE UNITED STATES. 20 (a) IN GENERAL.—Not later than 90 days after the 21 date of the enactment of this Act, the President shall 22 transmit to the appropriate congressional committees an 23 assessment of the national security risks posed by poten- 24 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 5 HR 1477 RFS tial Russian acquisition of CITGO’s United States energy 1 infrastructure holdings. 2 (b) DEFINITION.—In this section, the term ‘‘appro- 3 priate congressional committees’’ means the Committee on 4 Foreign Affairs, the Committee on Appropriations, and 5 the Committee on Financial Services of the House of Rep- 6 resentatives and the Committee on Foreign Relations, the 7 Committee on Appropriations, and the Committee on 8 Banking of the Senate and the Committee on Financial 9 Services of the House of Representatives and the Com- 10 mittee on Banking of the Senate. 11 SEC. 5. ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PA- 12 ROLE. 13 (a) IN GENERAL.—An alien who the Secretary of 14 State or the Secretary of Homeland Security (or a des- 15 ignee of one of such Secretaries) knows, or has reason to 16 believe, is an alien who is acting or has acted on behalf 17 of the Russian Government in direct support of the Ven- 18 ezuelan security forces is— 19 (1) inadmissible to the United States; 20 (2) ineligible to receive a visa or other docu- 21 mentation to enter the United States; and 22 (3) otherwise ineligible to be admitted or pa- 23 roled into the United States or to receive any other 24 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 6 HR 1477 RFS benefit under the Immigration and Nationality Act 1 (8 U.S.C. 1101 et seq.). 2 (b) CURRENT VISAS REVOKED.— 3 (1) IN GENERAL.—The issuing consular officer, 4 the Secretary of State, or the Secretary of Home- 5 land Security (or a designee of one of such Secre- 6 taries) shall, in accordance with section 221(i) of the 7 Immigration and Nationality Act (8 U.S.C. 1201(i)), 8 revoke any visa or other entry documentation issued 9 to an alien described in subsection (a) regardless of 10 when the visa or other entry documentation is 11 issued. 12 (2) EFFECT OF REVOCATION.—A revocation 13 under paragraph (1) shall— 14 (A) take effect immediately; and 15 (B) automatically cancel any other valid 16 visa or entry documentation that is in the 17 alien’s possession. 18 (c) EXCEPTION TO COMPLY WITH UNITED NATIONS 19 HEADQUARTERS AGREEMENT OR FOR NATIONAL SECU- 20 RITY REASONS.— 21 (1) INTERNATIONAL OBLIGATIONS.—This sec- 22 tion shall not apply to an alien if admitting the alien 23 into the United States is necessary to permit the 24 United States to comply with— 25 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 7 HR 1477 RFS (A) the Agreement regarding the Head- 1 quarters of the United Nations, signed at Lake 2 Success June 26, 1947, and entered into force 3 November 21, 1947, between the United Na- 4 tions and the United States; or 5 (B) other applicable international obliga- 6 tions of the United States. 7 (2) NATIONAL SECURITY.—The President may 8 waive the application of this section to an alien if 9 the President— 10 (A) determines that such a waiver is in the 11 national interest of the United States; and 12 (B) transmits to the Committee on For- 13 eign Affairs of the House of Representatives 14 and the Committee on Foreign Relations a no- 15 tice of and justification for such waiver. 16 (d) TERMINATION.—This section shall terminate on 17 the earlier of— 18 (1) the date that is one year after the date of 19 the enactment of this Act; or 20 (2) the date on which the President certifies to 21 the Committee on Foreign Affairs of the House of 22 Representatives and the Committee on Foreign Re- 23 lations of the Senate that the Government of Ven- 24 ezuela has returned to a democratic form of govern- 25 VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS 8 HR 1477 RFS ment with respect for the essential elements of rep- 1 resentative democracy as set forth in Article 3 of the 2 Inter-American Democratic Charter. 3 (e) DEFINITION.—In this subsection, the term ‘‘Ven- 4 ezuelan security forces’’ includes the following: 5 (1) The Bolivarian National Armed Forces, in- 6 cluding the Bolivarian National Guard. 7 (2) The Bolivarian National Intelligence Serv- 8 ice. 9 (3) The Bolivarian National Police. 10 (4) The Bureau for Scientific, Criminal and Fo- 11 rensic Investigations of the Ministry of Interior, Jus- 12 tice, and Peace. 13 Passed the House of Representatives March 25, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:20 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1477.RFS H1477 kjohnson on DSK79L0C42 with BILLS