II 

Calendar No. 96 

117TH CONGRESS 

1ST SESSION S. 688 

[Report No. 117–28] 

To prohibit contracting with persons that have business operations with the 

Maduro regime, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2021 

Mr. SCOTT of Florida (for himself, Mr. RUBIO, Mr. TILLIS, and Ms. ROSEN) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

JULY 12, 2021 

Reported by Mr. PETERS, without amendment 

A BILL 

To prohibit contracting with persons that have business 

operations with the Maduro regime, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Banning Operations 

5 and Leases with the Illegitimate Venezuelan Authoritarian 

6 Regime Act’’ or the ‘‘BOLIVAR Act’’. 


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1 SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS 

2 THAT HAVE BUSINESS OPERATIONS WITH 

3 THE MADURO REGIME. 

4 (a) PROHIBITION.—Except as provided in subsections 

5 (b), (c), and (d), the head of an executive agency may not 

6 enter into a contract for the procurement of goods or serv7 ices with any person that the head of an executive agency 

8 determines, with the concurrence of the Secretary of 

9 State, knowingly engages in significant business oper10 ations with an authority of the Government of Venezuela 

11 that is not recognized as the legitimate Government of 

12 Venezuela by the United States. 

13 (b) EXCEPTIONS.— 

14 (1) IN GENERAL.—The prohibition under sub15 section (a) does not apply to a contract that the Sec16 retary of State determines— 

17 (A) is necessary— 

18 (i) for purposes of providing humani19 tarian assistance to the people of Ven20 ezuela; 

21 (ii) for purposes of providing disaster 

22 relief and other urgent life-saving meas23 ures; or 

24 (iii) to carry out noncombatant evacu25 ations; or 


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1 (B) is in the national security interests of 

2 the United States. 

3 (2) SUPPORT FOR UNITED STATES GOVERN4 MENT ACTIVITIES.—The prohibition in subsection 

5 (a) shall not apply to contracts that support United 

6 States Government activities in Venezuela, including 

7 those necessary for the maintenance of United 

8 States Government facilities in Venezuela, or to con9 tracts with international organizations. 

10 (3) NOTIFICATION REQUIREMENT.—The Sec11 retary of State shall notify the appropriate congres12 sional committees of any contract entered into on 

13 the basis of an exception provided for under para14 graph (1). 

15 (c) OFFICE OF FOREIGN ASSETS CONTROL LI16 CENSES.—The prohibition in subsection (a) does not apply 

17 to a person that has a valid license to operate in Venezuela 

18 issued by the Office of Foreign Assets Control. 

19 (d) AMERICAN DIPLOMATIC MISSION IN VEN20 EZUELA.—The prohibition in subsection (a) does not 

21 apply to contracts related to the operation and mainte22 nance of the United States Government’s consular offices 

23 and diplomatic posts in Venezuela. 

24 (e) WAIVER.—The Secretary of State may waive the 

25 requirements of subsection (a) if the Secretary of State 


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1 determines that to do so is in the national interest of the 

2 United States. 

3 (f) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate and the 

8 Committee on Homeland Security of the House of 

9 Representatives. 

10 (2) BUSINESS OPERATIONS.—The term ‘‘busi11 ness operations’’ means engaging in commerce in 

12 any form, including acquiring, developing, maintain13 ing, owning, selling, possessing, leasing, or operating 

14 equipment, facilities, personnel, products, services, 

15 personal property, real property, or any other appa16 ratus of business or commerce. 

17 (3) EXECUTIVE AGENCY.—The term ‘‘executive 

18 agency’’ has the meaning given the term in section 

19 133 of title 41, United States Code. 

20 (4) GOVERNMENT OF VENEZUELA.—(A) The 

21 term ‘‘Government of Venezuela’’ includes the gov22 ernment of any political subdivision of Venezuela, 

23 and any agency or instrumentality of the Govern24 ment of Venezuela. 


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1 (B) For purposes of subparagraph (A), the 

2 term ‘‘agency or instrumentality of the Government 

3 of Venezuela’’ means an agency or instrumentality 

4 of a foreign state as defined in section 1603(b) of 

5 title 28, United States Code, with each reference in 

6 such section to ‘‘a foreign state’’ deemed to be a ref7 erence to ‘‘Venezuela’’. 

8 (5) PERSON.—The term ‘‘person’’ means— 

9 (A) a natural person, corporation, com10 pany, business association, partnership, society, 

11 trust, or any other nongovernmental entity, or12 ganization, or group; 

13 (B) any governmental entity or instrumen14 tality of a government; and 

15 (C) any successor, subunit, parent entity, 

16 or subsidiary of, or any entity under common 

17 ownership or control with, any entity described 

18 in subparagraph (A) or (B). 

19 (g) APPLICABILITY.—This section shall apply with 

20 respect to any contract entered into on or after the date 

21 of the enactment of this section. 


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Calendar No. 96 

117TH CONGRESS 

1ST SESSION S. 688 

[Report No. 117–28] 

A BILL 

To prohibit contracting with persons that have 

for other purposes. business operations with the Maduro regime, and 

JULY 12, 2021 

Reported without amendment 


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