I 
112TH CONGRESS 
1ST SESSION H. R. 2542 
To withhold twenty percent of United States assessed and voluntary contribu-
tions to the Organization of American States (OAS) for every permanent 
council meeting that takes place where Article 20 of the Inter-American 
Charter is not invoked with regard to Venezuela’s recent constitutional 
reforms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2011 
Mr. MACK (for himself, Mr. DIAZ-BALART, and Mr. SIRES) introduced the 
following bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To withhold twenty percent of United States assessed and 
voluntary contributions to the Organization of American 
States (OAS) for every permanent council meeting that 
takes place where Article 20 of the Inter-American Char-
ter is not invoked with regard to Venezuela’s recent 
constitutional reforms, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) Article 3 of the Inter-American Democratic 
Charter of the Organization of American States 
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
(OAS) states that, ‘‘Essential elements of represent-
ative democracy include, inter alia, respect for 
human rights and fundamental freedoms, access to 
and the exercise of power in accordance with the 
rule of law, the holding of periodic, free, and fair 
elections based on secret balloting and universal suf-
frage as an expression of the sovereignty of the peo-
ple, the pluralistic system of political parties and or-
ganizations, and the separation of powers and inde-
pendence of the branches of government.’’. 
(2) Article 4 of the Inter-American Democratic 
Charter states that ‘‘Transparency in government 
activities, probity, responsible public administration 
on the part of governments, respect for social rights, 
and freedom of expression and of the press are es-
sential components of the exercise of democracy. The 
constitutional subordination of all state institutions 
to the legally constituted civilian authority and re-
spect for the rule of law on the part of all institu-
tions and sectors of society are equally essential to 
democracy.’’. 
(3) Article 20 of the Inter-American Demo-
cratic Charter states that ‘‘In the event of an uncon-
stitutional alteration of the constitutional regime 
that seriously impairs the democratic order in a 
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
member state, any member state or the Secretary 
General may request the immediate convocation of 
the Permanent Council to undertake a collective as-
sessment of the situation and to take such decisions 
as it deems appropriate. The Permanent Council, de-
pending on the situation, may undertake the nec-
essary diplomatic initiatives, including good offices, 
to foster the restoration of democracy.’’. 
(4) In December 2010, Venezuela’s President, 
Hugo Chavez, in coordination with a pliant legisla-
ture, passed a package of laws, including the Ena-
bling Act or Enabling Law, which fundamentally al-
tered the Venezuelan Constitution. 
(5) As a result of the legislation, essential free-
doms are impaired, including the freedom of speech 
through restrictions on the internet and television, a 
breakdown in strong, independent, and pluralistic 
political parties through electoral reform that expels 
from parliament politicians who change parties, vote 
against certain legislation, or align with ideologically 
opposed ideas or people, separation of powers and 
subordination of the state to the people through the 
removal of the municipal and regional governments’ 
constitutional mandate, and fundamentally altering 
the ability of the people to govern themselves, in ad-
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
dition to the president’s ability to rule by decree for 
eighteen months in nine broad areas such as social, 
economic, territorial, and national security, and re-
spect for social rights through changes to the edu-
cation sector by controlling curriculum and ideology 
in universities. 
(6) The package of laws, including the Enabling 
Act, therefore violate essential elements of the exer-
cise of democracy as stated in Articles 3 and 4 of 
the Inter-American Democratic Charter. 
(7) Secretary General Jose Miguel Insulza stat-
ed in an interview with Associated Press that he be-
lieved the Enabling Act in Venezuela was ‘‘anti- 
democratic, unconstitutional and a violation of the 
Inter-American Charter,’’. 
(8) Assistant Secretary of State for the West-
ern Hemisphere, Arturo Valenzuela, reiterated the 
description of the Enabling Law as ‘‘undemocratic’’. 
(9) The most recent Worldwide Threat Assess-
ment by the Director of National Intelligence found 
that ‘‘at the end of the legislature’s lame duck term, 
Chavez and his allies passed legislation that gives 
more resources to his loyal community councils, al-
lowing Chavez to claim that he is both bolstering 
VerDate Mar 15 2010 
04:00 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
participatory democracy and creating new means of 
funneling resources to supporters.’’. 
(10) According to the Inter-American Demo-
cratic Charter, invocation of Article 20 may be made 
by the Secretary General or any member state of the 
Organization of the American States in the event of 
an unconstitutional alteration of the constitutional 
regime that seriously impairs the democratic order 
in a member state. 
(11) Also, according to the Inter-American 
Democratic Charter, invocation of Article 20 sig-
nifies the calling of the Permanent Council to deter-
mine next steps, through diplomatic initiatives, to 
foster the restoration of democracy in a member 
state. If such initiatives fail to restore democracy, 
Article 21 is employed to call a special session of the 
General Assembly in order to take the decision to 
suspend such member state from the exercise of its 
right to participate in the OAS by an affirmative 
vote of two-thirds of the member states in accord-
ance with the Charter of the OAS. The suspension 
shall take effect immediately. 
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. INVOCATION OF ARTICLE 20 OF THE INTER-AMER-
ICAN DEMOCRATIC CHARTER. 
(a) WITHHOLDING OF CONTRIBUTIONS.—For every 
Permanent Council meeting of the Organization of Amer-
ican States (OAS) that, beginning after the date of the 
enactment of this Act, meets without the invocation of Ar-
ticle 20 of the Inter-American Democratic Charter and the 
ensuing discussion with regard to Venezuela’s violation of 
such Charter, as guaranteed in such Charter, the Sec-
retary of State shall withhold 20 percent of assessed and 
voluntary United States contributions to the OAS for the 
fiscal year in which each such meeting begins (or, if 20 
percent is not available for withholding in such fiscal year, 
the Secretary shall withhold the highest percentage pos-
sible in such fiscal year and the remaining percentage in 
the subsequent fiscal year). 
(b) RESUMPTION
OF CONTRIBUTIONS.—The Sec-
retary of State shall resume making assessed and vol-
untary United States contributions to the OAS upon the 
invocation of Article 20 and the discussion of Venezuela’s 
violation of the Inter-American Democratic Charter at a 
meeting of the Permanent Council. 
(c) DEFICIT REDUCTION.—Amounts withheld pursu-
ant to subsection (a) shall be applied to reduce the Federal 
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS
budget deficit, or, for any fiscal year for which there is 
no Federal budget deficit, to reduce the Federal debt. 
Æ 
VerDate Mar 15 2010 
02:09 Jul 16, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H2542.IH
H2542
jbell on DSKDVH8Z91PROD with BILLS