[Congressional Record Volume 170, Number 170 (Monday, November 18, 2024)]
[House]
[Pages H6034-H6035]
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. FRY. Madam Speaker, I move to suspend the rules and pass the bill
(H.R. 825) to prohibit contracting with persons that have business
operations with the Maduro regime, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 825
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, in
consultation with the Director of the Office of Management
and Budget, knowingly engages in significant business
operations, as defined by the Secretary in consultation with
the Director, 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, in
consultation with the Director of the Office of Management
and Budget, 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 humanitarian aid or 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
and agreements 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), which may be submitted in a
classified form, as appropriate.
(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
[[Page H6035]]
States Government's consular offices and diplomatic posts in
Venezuela.
(e) Exception for Intelligence Activities.--The prohibition
in subsection (a) does not apply to any activity subject to
the reporting requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.), any authorized
intelligence activity of the United States, or any activity
or procurement that supports an authorized intelligence
activity.
(f) 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.
(g) 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).
(h) Term of Applicability.--This section shall apply with
respect to any contract entered into during the three-year
period beginning on the date that is 180 days after the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
South Carolina (Mr. Fry) and the gentlewoman from California (Ms.
Porter) each will control 20 minutes.
The Chair recognizes the gentleman from South Carolina.
General Leave
Mr. FRY. Madam Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
There was no objection.
Mr. FRY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the people of Venezuela have faced years of
repression. Political persecution, human rights abuses, and press
censorship are all commonplace under the brutal, illegitimate, and
anti-American regime of Nicolas Maduro, a regime closely allied with
Russia, Iran, Cuba, and the People's Republic of China.
The American Government should always stand in solidarity with the
long-suffering people of Venezuela and against the Maduro dictatorship.
Part of that solidarity should be to ensure that the Maduro regime is
denied any resources that will allow it to continue the oppression of
its own citizenry.
This past July, Maduro and his representatives falsely claimed
victory in Venezuela's Presidential election. Maduro has since been
accused of intimidating and repressing his opposition in order to cling
to power.
A couple of months ago, on September 12, the United States sanctioned
16 of Nicolas Maduro's allies in response to accusations that they
engaged in human rights abuses and election obstruction. While not all
of Maduro's allies will be subject to sanctions, the money of
hardworking U.S. taxpayers should not ultimately find its way to those
who support the regime of a ruthless dictator.
H.R. 825 is straightforward. It requires Federal agencies to ensure
that they are not contracting with any entity that conducts significant
business operations with Maduro and his allies.
That said, it also includes appropriate exceptions, such as
situations of national security, for the purposes of providing
humanitarian assistance, disaster relief, and other urgent lifesaving
measures or to carry out noncombatant evacuations.
This is not a new concept to the U.S. Congress. The fiscal year 2020
National Defense Authorization Act contained a provision in section 890
that prohibited the Pentagon from entering into contracts with
companies that also have contracts with any Venezuelan Government
entity under Maduro's control. As with H.R. 825, there are waivers for
contracts related to providing humanitarian assistance and disaster
relief, among other exceptions.
The BOLIVAR Act would extend prohibitions under section 890 to the
rest of the Federal Government.
I support the BOLIVAR Act and thank my colleagues on the committee,
Representative Mike Waltz and Representative Debbie Wasserman Schultz,
for leading this bill.
Madam Speaker, I ask that all of my colleagues support H.R. 825, a
measured response and most timely piece of legislation, and I reserve
the balance of my time.
Ms. PORTER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the BOLIVAR Act would temporarily prohibit executive
agencies from entering into contracts for the procurement of goods or
services with any person or business that they determine, with the
concurrence of the Department of State, knowingly engages in
significant business operations with the Maduro regime in Venezuela.
The bill goes on to list certain exceptions, including contracts
vital to U.S. national security or necessary for the purposes of
providing humanitarian assistance, disaster relief, and other urgent
lifesaving measures, or to carry out noncombatant evacuations.
I certainly understand the motivation behind this bill. The Maduro
regime's blatant disregard of the recent election results in Venezuela
is a violation of international law and has left the regime more
isolated than ever.
I know that the administration has some concerns about this bill.
However, the Department of Defense, which conducts almost two-thirds of
Federal procurement, has had a policy in place like the BOLIVAR Act for
2 years now. I thank the majority for working with us to address some
of those concerns in the bill before us today.
Madam Speaker, I have no further speakers, and I yield back the
balance of my time.
Mr. FRY. Madam Speaker, I encourage my House colleagues to support
this bill to ensure that Federal agencies not contract with any entity
that conducts business with the Maduro dictatorship and his allies, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from South Carolina (Mr. Fry) that the House suspend the
rules and pass the bill, H.R. 825, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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