Venezuelan Contracting Restriction Act

Bill: 116-s-1151
Sponsor: full_name: Sen. Scott, Rick [R-FL]
Introduced: 2019-04-11
Policy area: Government Operations and Politics
Subjects: Business ethics

Latin America

Public contracts and procurement

Sovereignty, recognition, national governance and status

Venezuela
Latest action: action_date: 2019-09-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 189.

Summaries:
action_date: 2019-04-11
action_desc: Introduced in Senate
text: <p><b>Venezuelan Contracting Restriction Act </b></p> <p>This bill prohibits an executive agency from entering into a contract for the procurement of goods or services with any person that has business operations with an authority of the Venezuelan government that is not recognized as the legitimate government of Venezuela by the U.S. government. (The United States recognizes Juan Guaido as interim President of the legitimate government of Venezuela.)</p>

action_date: 2019-09-10
action_desc: Reported to Senate
text: <p><b>Venezuelan Contracting Restriction Act </b></p> <p>This bill 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 an authority of the Venezuelan government that is not recognized by the U.S. government as the legitimate government of Venezuela. (The United States recognizes Juan Guaido as interim President of the legitimate government of Venezuela.)</p> <p>This bill provides exceptions, including for (1) contracts that the State Department determines to be in the national security interest of the United States, and (2) contracts that support U.S. government activities in Venezuela.</p>

tv_txt: II 116th CONGRESS 1st Session S. 1151 IN THE SENATE OF THE UNITED STATES April 11, 2019 Mr. Scott of Florida (for himself and Mr. Rubio ) 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.

1. Short title This Act may be cited as the Venezuelan Contracting Restriction Act . 2. Prohibition on contracting with persons that have business operations with the Maduro regime (a) Prohibition The head of an executive agency may not enter into a contract for the procurement of goods or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government. (b) Definitions In this section: (1) 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. (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (3) 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, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) )); 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). (c) Applicability This section shall apply with respect to any contract entered into on or after the date of the enactment of this section.

tv_txt: II Calendar No. 189 116th CONGRESS 1st Session S. 1151 [Report No. 116–85] IN THE SENATE OF THE UNITED STATES April 11, 2019 Mr. Scott of Florida (for himself, Mr. Rubio , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 10, 2019 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To prohibit contracting with persons that have business operations with the Maduro regime, and for other purposes.

1. Short title This Act may be cited as the Venezuelan Contracting Restriction Act . 2. Prohibition on contracting with persons that have business operations with the Maduro regime (a) Prohibition The head of an executive agency may not enter into a contract for the procurement of goods or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government. (b) Definitions In this section: (1) 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. (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (3) 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, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) )); 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). (c) Applicability This section shall apply with respect to any contract entered into on or after the date of the enactment of this section.

1. Short title This Act may be cited as the Venezuelan Contracting Restriction Act . 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 of the Senate and the Committee on Homeland Security 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) Applicability This section shall apply with respect to any contract entered into on or after the date of the enactment of this section.

September 10, 2019 Reported with an amendment