H.R. 825 — what changed
Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act
From Introduced in House to Engrossed in House. 1 section amended between Introduced in House and Engrossed in House.
Sec. 2 Prohibition on contracting with persons that have business operations with the maduro regime
changed
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 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.
Exceptions—
changed
In general— The prohibition under subsection (a) does not apply to a contract that the Secretary of State State, in consultation with the Director of the Office of Management and Budget, determines—
is necessary—
for purposes of providing humanitarian assistance to the people of Venezuela;
changed
for purposes of providing disaster relief and other urgent humanitarian aid or life-saving measures; or
to carry out noncombatant evacuations; or
is in the national security interests of the United States.
changed
Support for United States Government 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.
changed
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).(1), which may be submitted in a classified form, as appropriate.
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.
changed
American diplomatic mission in Venezuela—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.
added
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.
renumbered
was (6)
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.
renumbered
was (7)
Definitions— In this section:
added
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.
added
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.
added
Executive agency— The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.
added
Government of venezuela—
added
The term “Government of Venezuela” includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela.
added
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”.
added
Person— The term “person” means—
removed
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.
removed
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.
removed
Executive agency— The term executive agency has the meaning given the term in section 133 of title 41, United States Code.
removed
Government of Venezuela—
removed
The term Government of Venezuela includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela.
removed
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”.
removed
Person— The term person means—
renumbered
was (7)(7)(3)
a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
renumbered
was (7)(7)(4)
any governmental entity or instrumentality of a government; and
renumbered
was (7)(7)(5)
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).
added
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.
removed
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.