[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1151 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 189
116th CONGRESS
  1st Session
                                S. 1151

                          [Report No. 116-85]

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


_______________________________________________________________________


                   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Venezuelan Contracting 
Restriction Act''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE 
              BUSINESS OPERATIONS WITH THE MADURO REGIME.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Executive agency.--The term ``executive 
        agency'' has the meaning given the term in section 133 of title 
        41, United States Code.</DELETED>
        <DELETED>    (3) Person.--The term ``person'' means--</DELETED>
                <DELETED>    (A) a natural person, corporation, 
                company, business association, partnership, society, 
                trust, or any other nongovernmental entity, 
                organization, or group;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (c) Applicability.--This section shall apply with respect 
to any contract entered into on or after the date of the enactment of 
this section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Venezuelan Contracting Restriction 
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 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.
                                                       Calendar No. 189

116th CONGRESS

  1st Session

                                S. 1151

                          [Report No. 116-85]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 2019

                       Reported with an amendment