[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Page S7264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6543. Mr. KING (for Mr. Scott of Florida) proposed an amendment to 
the bill S. 688, to prohibit contracting with persons that have 
business operations with the Maduro regime, and for other purposes; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     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.

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