Overview
Title
An Act To prohibit contracting with persons that have business operations with the Maduro regime, and for other purposes.
ELI5 AI
H.R. 825 is like a rule that says the U.S. government can't make deals with companies that do big business with certain people in Venezuela who are not recognized by the U.S. government, unless it's for special reasons like helping people in trouble or keeping the country safe.
Summary AI
H.R. 825, known as the "BOLIVAR Act," aims to restrict the U.S. government from entering into contracts with individuals or companies that knowingly engage in significant business activities with the Venezuelan government under Nicolás Maduro, which is not recognized by the United States. There are several exceptions to this rule, such as activities related to humanitarian aid, disaster relief, noncombatant evacuations, and U.S. national security interests. The prohibition also does not apply to licensed operations by the Office of Foreign Assets Control or activities related to U.S. diplomatic missions and authorized intelligence operations. The ban on contracts is applicable for a three-year period beginning 180 days after the Act is enacted.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary
H.R. 825, formally titled the “Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act,” abbreviated as the “BOLIVAR Act,” aims to control how the United States government engages in contracts with entities that conduct significant business with the Maduro regime in Venezuela, which the U.S. does not recognize as legitimate. The core of the bill is its prohibition of such contracts, distinguishing circumstances under which exceptions or waivers can be made, particularly for humanitarian efforts or national security interests. It outlines the authority of the Secretary of State in consultation with other federal officials to enforce these prohibitions or permit exceptions.
Summary of Significant Issues
One notable issue with the BOLIVAR Act is its complex language and lack of clarity regarding key terms like “significant business operations,” which can create ambiguity and variability in its implementation. This difficulty is compounded by the broad latitude given to the Secretary of State to issue waivers under the guise of national interest, potentially allowing for misuse or lack of uniform application. Moreover, the bill contains multiple exceptions, such as those for humanitarian aid or intelligence activities, which while necessary, may be susceptible to exploitation. Additionally, the politically charged title of the bill may have diplomatic repercussions, as it labels the Venezuelan government as illegitimate without providing context, which could lead to misunderstandings or increase tensions.
Impact on the Public
For the general public, the bill reflects the U.S. government's stance on Venezuela's current regime while upholding humanitarian values by allowing exceptions for aid. It might not have a direct day-to-day impact on most individuals, but it underscores broader international relations principles and the complexities of geopolitics affecting national policy. However, indirect effects may surface, such as changes in diplomatic engagements or shifts in business operations, thereby altering perceptions of international business reliability.
Impact on Specific Stakeholders
Businesses: U.S. businesses that have dealings in Venezuela need to scrutinize their operations, ensuring they align with the legislation to maintain eligibility for government contracts. Lack of clarity on what amounts to "significant business operations" could discourage or complicate business investments in Venezuela.
Government Agencies: Agencies may face challenges in swiftly executing contracts when national interests, like diplomatic missions or intelligence operations, intersect the stipulated prohibitions. The necessity to navigate waivers and exceptions might introduce bureaucratic complexities or delays.
Humanitarian Organizations: These bodies could benefit from the exceptions outlined, facilitating unhindered aid distribution in Venezuela despite the underlying prohibitions, showcasing a commitment to humanitarian principles even amid political tensions.
Diplomatic Relations: The language of the Act might be seen as antagonistic, potentially straining diplomatic relations not just with Venezuela, but also with countries aligned with or sympathetic to the Maduro regime, affecting broader diplomatic endeavors.
Overall, while the BOLIVAR Act takes a firm stance against engaging with a regime not recognized by the U.S., its implementation and the tone of its language present both challenges and opportunities, depending on one’s perspective and role within the global community.
Issues
The language in Section 2 is highly complex and may be difficult for laypersons or smaller contractors to understand, potentially limiting transparency and understanding of the rules, which could create challenges in compliance and enforcement.
The term 'significant business operations' in Section 2 is defined by the Secretary in consultation with the Director, but the lack of a detailed definition could lead to ambiguity and inconsistency in determining what constitutes significant operations, possibly affecting fair application of the law.
The provision under Section 2(f) allowing the Secretary of State to waive the requirements in the 'national interest' is subjective and could lead to potential misuse or favoritism if not carefully overseen.
The exception and waiver clauses in Section 2(b), (c), (d), (e), and (f) could potentially be exploited to bypass the main prohibition, if not closely monitored, making it difficult to ensure that the Act's primary intent is consistently upheld.
The title of the Act in Section 1 may be considered politically charged or biased by referring to a government as 'illegitimate' without context or explanation, possibly leading to diplomatic tension or misinterpretation.
There is no information in Section 1 on the Act's objectives, implementation, funding, or potential impact, making it difficult to identify issues related to spending or intentions and assess its effectiveness or efficiency.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section gives the Act a short title, allowing it to be referred to as the "Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act" or simply the "BOLIVAR Act."
2. Prohibition on contracting with persons that have business operations with the maduro regime Read Opens in new tab
Summary AI
The section prohibits U.S. government contracts with people or companies doing significant business with the unrecognized Venezuelan government, but there are exceptions for humanitarian aid, national security, U.S. government activities, valid licenses, diplomatic missions, and intelligence activities. The Secretary of State can waive this ban if it's in the national interest, and the rules apply to contracts made within three years after 180 days from the law's enactment.