What This Bill Does
This bill stops the U.S. federal government from hiring contractors or buying goods and services from companies that do business with the Venezuelan government that the United States does not recognize as legitimate. The bill has some exceptions for humanitarian aid, national security needs, and other specific situations.
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Who It Affects
* Federal government agencies that buy goods and services
* Companies and businesses that do contracts with the federal government
* Any person or organization (including corporations, partnerships, and other business entities) that does business with unrecognized Venezuelan government authorities
* The Secretary of State, who makes decisions about which companies can get federal contracts
* The Director of the Office of Management and Budget
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Key Provisions
* Federal agencies cannot sign contracts with companies that knowingly do significant business with Venezuelan government authorities that the U.S. does not recognize as legitimate (Sec. 2(a))
* The rule does not apply to contracts needed for humanitarian assistance to Venezuelan people, disaster relief, life-saving aid, or evacuation of non-military personnel (Sec. 2(b)(1))
* The rule does not apply to contracts that support U.S. government activities in Venezuela or contracts with international organizations (Sec. 2(b)(2))
* The rule does not apply to companies with a valid license from the Office of Foreign Assets Control to operate in Venezuela (Sec. 2(c))
* The rule does not apply to contracts related to running and maintaining U.S. diplomatic offices in Venezuela (Sec. 2(d))
* The rule does not apply to intelligence activities authorized by the U.S. government (Sec. 2(e))
* The Secretary of State can waive this entire requirement if it is in the national interest of the United States (Sec. 2(f))
* The Secretary of State must notify Congress when contracts are approved under the humanitarian or national security exceptions (Sec. 2(b)(3))
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What Changes
If this bill becomes law, federal agencies will be prohibited from signing new contracts with companies that do business with the unrecognized Venezuelan government. Companies will need to choose between doing business with that Venezuelan government or doing business with the U.S. federal government. The Secretary of State will have the power to decide which companies meet the definition of "knowingly engages in significant business operations" with the unrecognized Venezuelan government.
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Important Definitions
* **Business operations:** Engaging in commerce in any form, including buying, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, workers, products, services, personal property, real property, or any other apparatus of business or commerce (Sec. 2(g)(2))
* **Person:** A natural person, corporation, company, business group, partnership, society, trust, or any nongovernmental organization; any governmental entity or government agency; and any subsidiary, parent company, or related entity (Sec. 2(g)(5))
* **Executive agency:** Not specified in bill text
* **Significant business operations:** Not specified in bill text
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Effective Date
This law applies to contracts entered into during a three-year period that begins 180 days after the bill is enacted into law (Sec. 2(h)).
II
Calendar No. 564
118TH CONGRESS
2D SESSION
H. R. 825
IN THE SENATE OF THE UNITED STATES
NOVEMBER 19, 2024
Received; read twice and placed on the calendar
AN ACT
To prohibit contracting with persons that have business
operations with the Maduro regime, 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Banning Operations
4
and Leases with the Illegitimate Venezuelan Authoritarian
5
Regime Act’’ or the ‘‘BOLIVAR Act’’.
6
SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS
7
THAT HAVE BUSINESS OPERATIONS WITH
8
THE MADURO REGIME.
9
(a) PROHIBITION.—Except as provided in subsections
10
(b), (c), and (d), the head of an executive agency may not
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HR 825 PCS
enter into a contract for the procurement of goods or serv-
1
ices with any person that the head of an executive agency
2
determines, with the concurrence of the Secretary of
3
State, in consultation with the Director of the Office of
4
Management and Budget, knowingly engages in signifi-
5
cant business operations, as defined by the Secretary in
6
consultation with the Director, with an authority of the
7
Government of Venezuela that is not recognized as the le-
8
gitimate Government of Venezuela by the United States.
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(b) EXCEPTIONS.—
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(1) IN GENERAL.—The prohibition under sub-
11
section (a) does not apply to a contract that the Sec-
12
retary of State, in consultation with the Director of
13
the Office of Management and Budget, determines—
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(A) is necessary—
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(i) for purposes of providing humani-
16
tarian assistance to the people of Ven-
17
ezuela;
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(ii) for purposes of providing disaster
19
relief and other urgent humanitarian aid
20
or life-saving measures; or
21
(iii) to carry out noncombatant evacu-
22
ations; or
23
(B) is in the national security interests of
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the United States.
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(2) SUPPORT
FOR
UNITED
STATES
GOVERN-
1
MENT
ACTIVITIES.—The prohibition in subsection
2
(a) shall not apply to contracts and agreements that
3
support United States Government activities in Ven-
4
ezuela, including those necessary for the mainte-
5
nance of United States Government facilities in Ven-
6
ezuela, or to contracts with international organiza-
7
tions.
8
(3) NOTIFICATION
REQUIREMENT.—The Sec-
9
retary of State shall notify the appropriate congres-
10
sional committees of any contract entered into on
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the basis of an exception provided for under para-
12
graph (1), which may be submitted in a classified
13
form, as appropriate.
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(c) OFFICE
OF FOREIGN ASSETS CONTROL LI-
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CENSES.—The prohibition in subsection (a) does not apply
16
to a person that has a valid license to operate in Venezuela
17
issued by the Office of Foreign Assets Control.
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(d) AMERICAN
DIPLOMATIC
MISSION
IN
VEN-
19
EZUELA.—The prohibition in subsection (a) does not
20
apply to contracts related to the operation and mainte-
21
nance of the United States Government’s consular offices
22
and diplomatic posts in Venezuela.
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(e) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—
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The prohibition in subsection (a) does not apply to any
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activity subject to the reporting requirements under title
1
V of the National Security Act of 1947 (50 U.S.C. 3091
2
et seq.), any authorized intelligence activity of the United
3
States, or any activity or procurement that supports an
4
authorized intelligence activity.
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(f) WAIVER.—The Secretary of State may waive the
6
requirements of subsection (a) if the Secretary of State
7
determines that to do so is in the national interest of the
8
United States.
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(g) DEFINITIONS.—In this section:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means the Committee on Homeland Secu-
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rity and Governmental Affairs and the Committee
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on Foreign Relations of the Senate and the Com-
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mittee on Homeland Security and the Committee on
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Foreign Affairs of the House of Representatives.
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(2) BUSINESS OPERATIONS.—The term ‘‘busi-
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ness operations’’ means engaging in commerce in
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any form, including acquiring, developing, maintain-
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ing, owning, selling, possessing, leasing, or operating
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equipment, facilities, personnel, products, services,
22
personal property, real property, or any other appa-
23
ratus of business or commerce.
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(3) EXECUTIVE AGENCY.—The term ‘‘executive
1
agency’’ has the meaning given the term in section
2
133 of title 41, United States Code.
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(4) GOVERNMENT
OF
VENEZUELA.—(A) The
4
term ‘‘Government of Venezuela’’ includes the gov-
5
ernment of any political subdivision of Venezuela,
6
and any agency or instrumentality of the Govern-
7
ment of Venezuela.
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(B) For purposes of subparagraph (A), the
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term ‘‘agency or instrumentality of the Govern-
10
ment of Venezuela’’ means an agency or instru-
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mentality of a foreign state as defined in sec-
12
tion 1603(b) of title 28, United States Code,
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with each reference in such section to ‘‘a for-
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eign state’’ deemed to be a reference to ‘‘Ven-
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ezuela’’.
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(5) PERSON.—The term ‘‘person’’ means—
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(A) a natural person, corporation, com-
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pany, business association, partnership, society,
19
trust, or any other nongovernmental entity, or-
20
ganization, or group;
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(B) any governmental entity or instrumen-
22
tality of a government; and
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(C) any successor, subunit, parent entity,
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or subsidiary of, or any entity under common
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ownership or control with, any entity described
1
in subparagraph (A) or (B).
2
(h) TERM
OF APPLICABILITY.—This section shall
3
apply with respect to any contract entered into during the
4
three-year period beginning on the date that is 180 days
5
after the enactment of this Act.
6
Passed the House of Representatives November 18,
2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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Calendar No. 564
118TH CONGRESS
2D SESSION
H. R. 825
AN ACT
To prohibit contracting with persons that have
business operations with the Maduro regime, and
for other purposes.
NOVEMBER 19, 2024
Received; read twice and placed on the calendar
VerDate Sep 11 2014
01:08 Nov 20, 2024
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