Bill Summary
The Venezuelan Contracting Restriction Act is a bill proposed by the Senate and House of Representatives of the United States aimed at prohibiting government agencies from entering into contracts with entities that do business with the Maduro regime in Venezuela. This includes any person or organization that is engaged in significant business operations with the Venezuelan government that is not recognized as legitimate by the United States. There are exceptions to this prohibition for contracts related to humanitarian assistance, national security interests, and United States government activities in Venezuela. The bill also requires the Secretary of State to notify appropriate congressional committees of any exceptions granted and defines terms such as "business operations" and "person." The bill will apply to contracts entered into on or after the date of its enactment.
Possible Impacts
1. This legislation could affect people who are employed by companies that engage in significant business operations with the Maduro regime in Venezuela. These individuals may potentially lose their jobs if their company is prohibited from contracting with the US government.
2. The legislation could also affect US citizens who are involved in providing humanitarian assistance or disaster relief in Venezuela. They may be exempt from the prohibition on contracting, but they may still have to go through a notification process and potentially face delays in receiving necessary contracts.
3. Additionally, the legislation could affect diplomatic relations between the US and Venezuela, as it prohibits contracts related to the operation and maintenance of diplomatic posts in Venezuela. This could impact the operations of US diplomats and their ability to carry out their duties in the country.
[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