[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Page S7265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BANNING OPERATIONS AND LEASES WITH THE ILLEGITIMATE VENEZUELAN
AUTHORITARIAN REGIME ACT
Mr. KING. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 96, S. 688.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 688) to prohibit contracting with persons that
have business operations with the Maduro regime, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs.
Mr. KING. I ask unanimous consent that the Scott substitute amendment
at the desk be considered read and agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 6543) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
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.
Mr. KING. I ask that the bill be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. KING. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 688), as amended, was passed.
Mr. KING. I further ask that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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