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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 825 Placed on Calendar Senate (PCS)]

<DOC>

                                                       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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Banning Operations and Leases with 
the Illegitimate Venezuelan Authoritarian Regime Act'' or the ``BOLIVAR 
Act''.

SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS 
              OPERATIONS WITH THE MADURO REGIME.

    (a) Prohibition.--Except as provided in subsections (b), (c), and 
(d), the head of an executive agency may not enter into a contract for 
the procurement of goods or services with any person that the head of 
an executive agency determines, with the concurrence of the Secretary 
of State, in consultation with the Director of the Office of Management 
and Budget, knowingly engages in significant business operations, as 
defined by the Secretary in consultation with the Director, with an 
authority of the Government of Venezuela that is not recognized as the 
legitimate Government of Venezuela by the United States.
    (b) Exceptions.--
            (1) In general.--The prohibition under subsection (a) does 
        not apply to a contract that the Secretary of State, in 
        consultation with the Director of the Office of Management and 
        Budget, determines--
                    (A) is necessary--
                            (i) for purposes of providing humanitarian 
                        assistance to the people of Venezuela;
                            (ii) for purposes of providing disaster 
                        relief and other urgent humanitarian aid or 
                        life-saving measures; or
                            (iii) to carry out noncombatant 
                        evacuations; or
                    (B) is in the national security interests of the 
                United States.
            (2) Support for united states government activities.--The 
        prohibition in subsection (a) shall not apply to contracts and 
        agreements that support United States Government activities in 
        Venezuela, including those necessary for the maintenance of 
        United States Government facilities in Venezuela, or to 
        contracts with international organizations.
            (3) Notification requirement.--The Secretary of State shall 
        notify the appropriate congressional committees of any contract 
        entered into on the basis of an exception provided for under 
        paragraph (1), which may be submitted in a classified form, as 
        appropriate.
    (c) Office of Foreign Assets Control Licenses.--The prohibition in 
subsection (a) does not apply to a person that has a valid license to 
operate in Venezuela issued by the Office of Foreign Assets Control.
    (d) American Diplomatic Mission in Venezuela.--The prohibition in 
subsection (a) does not apply to contracts related to the operation and 
maintenance of the United States Government's consular offices and 
diplomatic posts in Venezuela.
    (e) Exception for Intelligence Activities.--The prohibition in 
subsection (a) does not apply to any activity subject to the reporting 
requirements under title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.), any authorized intelligence activity of the 
United States, or any activity or procurement that supports an 
authorized intelligence activity.
    (f) Waiver.--The Secretary of State may waive the requirements of 
subsection (a) if the Secretary of State determines that to do so is in 
the national interest of the United States.
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        Foreign Relations of the Senate and the Committee on Homeland 
        Security and the Committee on Foreign Affairs of the House of 
        Representatives.
            (2) Business operations.--The term ``business operations'' 
        means engaging in commerce in any form, including acquiring, 
        developing, maintaining, owning, selling, possessing, leasing, 
        or operating equipment, facilities, personnel, products, 
        services, personal property, real property, or any other 
        apparatus of business or commerce.
            (3) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
            (4) Government of venezuela.--(A) The term ``Government of 
        Venezuela'' includes the government of any political 
        subdivision of Venezuela, and any agency or instrumentality of 
        the Government of Venezuela.
                    (B) For purposes of subparagraph (A), the term 
                ``agency or instrumentality of the Government of 
                Venezuela'' means an agency or instrumentality of a 
                foreign state as defined in section 1603(b) of title 
                28, United States Code, with each reference in such 
                section to ``a foreign state'' deemed to be a reference 
                to ``Venezuela''.
            (5) Person.--The term ``person'' means--
                    (A) a natural person, corporation, company, 
                business association, partnership, society, trust, or 
                any other nongovernmental entity, organization, or 
                group;
                    (B) any governmental entity or instrumentality of a 
                government; and
                    (C) any successor, subunit, parent entity, or 
                subsidiary of, or any entity under common ownership or 
                control with, any entity described in subparagraph (A) 
                or (B).
    (h) Term of Applicability.--This section shall apply with respect 
to any contract entered into during the three-year period beginning on 
the date that is 180 days after the enactment of this Act.

            Passed the House of Representatives November 18, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
                                                       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
```