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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 920 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 920

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2019

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT

 
  To restrict the transfer of defense articles, defense services, and 
    crime control articles to any element of the security forces of 
Venezuela that is under the authority of a government of Venezuela that 
  is not recognized as the legitimate government of Venezuela by the 
        Government of the United States, and for other purposes.

    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 ``Venezuela Arms Restriction Act''.

SEC. 2. RESTRICTION ON EXPORT OF COVERED ARTICLES AND SERVICES TO 
              CERTAIN SECURITY FORCES OF VENEZUELA.

    (a) In General.--Notwithstanding any other provision of law, 
covered articles or services may not be exported from the United States 
to any element of the security forces of Venezuela that is under the 
authority of a government of Venezuela that is not recognized as the 
legitimate government of Venezuela by the Government of the United 
States.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of State, in consultation with the Secretary of 
Commerce and the heads of other departments and agencies as 
appropriate, shall--
            (1) determine, using such information that is available to 
        the Secretary of State, whether any covered article or service 
        has been transferred since July 2017 to the security forces of 
        Venezuela without a license or other authorization as required 
        by law; and
            (2) submit such determination in writing to the appropriate 
        congressional committees.

SEC. 3. REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Commerce as appropriate, shall submit to the appropriate 
congressional committees a report on the transfer by foreign persons of 
covered articles or services to elements of the security forces of 
Venezuela that are under the authority of a government of Venezuela 
that is not recognized as the legitimate government of Venezuela by the 
Government of the United States.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include the following:
            (1) A list of all significant transfers by foreign persons 
        of covered articles or services to such elements of the 
        security forces of Venezuela since July 2017.
            (2) A list of all foreign persons who maintain an existing 
        defense relationship with such elements of the security forces 
        of Venezuela.
            (3) Any known use of covered articles or services by such 
        elements of the security forces of Venezuela or associated 
        forces, including paramilitary groups, that have coordinated 
        with such security forces to assault, intimidate, or murder 
        political activists, protesters, dissidents, and other civil 
        society leaders, including Juan Guaido.

SEC. 4. TERMINATION.

    This Act shall expire on the earlier of--
            (1) the date that is 3 years after the date of the 
        enactment of this Act; or
            (2) the date on which the President certifies to the 
        appropriate congressional committees that the Government of 
        Venezuela has returned to a democratic form of government with 
        respect for the essential elements of representative democracy 
        as set forth in Article 3 of the Inter-American Democratic 
        Charter.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (2) Covered article or service.--The term ``covered article 
        or service''--
                    (A) for purposes of section 2, means--
                            (i) a defense article or defense service, 
                        as such terms are defined in section 47 of the 
                        Arms Export Control Act (22 U.S.C. 2794); and
                            (ii) any article included on the Commerce 
                        Control List set forth in Supplement No. 1 to 
                        part 774 of the Export Administration 
                        Regulations under subchapter C of chapter VII 
                        of title 15, Code of Federal Regulations, and 
                        controlled for crime control purposes, if it is 
                        determined that the end-user is likely to use 
                        the article to violate the human rights of the 
                        citizens of Venezuela; and
                    (B) for purposes of section 3, means--
                            (i) any defense article or defense service 
                        of the type described in section 47 of the Arms 
                        Export Control Act; and
                            (ii) any article of the type included on 
                        the Commerce Control List set forth in 
                        Supplement No. 1 to part 774 of the Export 
                        Administration Regulations and controlled for 
                        crime control purposes.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Person.--The term ``person'' means an individual or 
        entity.
            (5) Security forces of venezuela.--The term ``security 
        forces of Venezuela'' includes--
                    (A) the Bolivarian National Armed Forces, including 
                the Bolivarian National Guard;
                    (B) the Bolivarian National Intelligence Service;
                    (C) the Bolivarian National Police; and
                    (D) the Bureau for Scientific, Criminal and 
                Forensic Investigations of the Ministry of Interior, 
                Justice, and Peace.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

            Passed the House of Representatives March 25, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```