BOLIVAR Act

Subjects: Government Operations and Politics, Business ethics, Latin America, Public contracts and procurement, Sovereignty, recognition, national governance and status, Venezuela

Summary:  <p><b>Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act or the BOLIVAR Act</b> </p> <p>This bill temporarily prohibits an executive agency from entering into a contract for the procurement of goods or services with any person that it determines, with the concurrence of the Department of State, knowingly engages in significant business operations with the Maduro regime in Venezuela. </p> <p>The bill lists exceptions, including where vital to U.S. national security or as necessary for purposes of providing humanitarian assistance, disaster relief and other urgent lifesaving measures, or to carry out noncombatant evacuations.</p> <p>The prohibition shall not apply to contracts that support U.S. government activities in Venezuela or to contracts with international organizations.</p> <p>The State Department may waive the requirements of this bill upon determining that to do so is in the national interest.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 257 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 257

To prohibit contracting with persons that have business operations with 
               the Maduro regime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2023

   Mr. Scott of Florida (for himself, Ms. Rosen, Mr. Rubio, and Mr. 
    Tillis) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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, knowingly engages in significant business operations 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 
        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 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 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).
    (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) 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.
    (f) 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).
    (g) Term of Applicability.--This section shall apply with respect 
to any contract entered into during the three-year period beginning on 
the date of the enactment of this Act.
                                 &lt;all&gt;
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