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IIB
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.
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Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Venezuela Arms Re-
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striction Act’’.
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SEC. 2. RESTRICTION ON EXPORT OF COVERED ARTICLES
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AND
SERVICES
TO
CERTAIN
SECURITY
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FORCES OF VENEZUELA.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, covered articles or services may not be ex-
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ported from the United States to any element of the secu-
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rity forces of Venezuela that is under the authority of a
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government of Venezuela that is not recognized as the le-
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gitimate government of Venezuela by the Government of
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the United States.
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(b) REPORT.—Not later than 180 days after the date
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of enactment of this Act, the Secretary of State, in con-
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sultation with the Secretary of Commerce and the heads
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of other departments and agencies as appropriate, shall—
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(1) determine, using such information that is
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available to the Secretary of State, whether any cov-
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ered article or service has been transferred since
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July 2017 to the security forces of Venezuela with-
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out a license or other authorization as required by
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law; and
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(2) submit such determination in writing to the
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appropriate congressional committees.
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SEC. 3. REPORT.
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(a) IN GENERAL.—Not later than 180 days after the
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date of the enactment of this Act, the Secretary of State,
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in consultation with the Secretary of Commerce as appro-
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priate, shall submit to the appropriate congressional com-
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mittees a report on the transfer by foreign persons of cov-
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ered articles or services to elements of the security forces
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of Venezuela that are under the authority of a government
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of Venezuela that is not recognized as the legitimate gov-
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ernment of Venezuela by the Government of the United
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States.
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(b) MATTERS TO BE INCLUDED.—The report re-
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quired by subsection (a) shall include the following:
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(1) A list of all significant transfers by foreign
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persons of covered articles or services to such ele-
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ments of the security forces of Venezuela since July
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2017.
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(2) A list of all foreign persons who maintain
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an existing defense relationship with such elements
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of the security forces of Venezuela.
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(3) Any known use of covered articles or serv-
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ices by such elements of the security forces of Ven-
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ezuela or associated forces, including paramilitary
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groups, that have coordinated with such security
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forces to assault, intimidate, or murder political ac-
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tivists, protesters, dissidents, and other civil society
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leaders, including Juan Guaido.
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SEC. 4. TERMINATION.
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This Act shall expire on the earlier of—
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(1) the date that is 3 years after the date of the
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enactment of this Act; or
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(2) the date on which the President certifies to
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the appropriate congressional committees that the
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Government of Venezuela has returned to a demo-
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cratic form of government with respect for the es-
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sential elements of representative democracy as set
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forth in Article 3 of the Inter-American Democratic
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Charter.
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SEC. 5. DEFINITIONS.
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In this Act:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means—
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(A) the Committee on Foreign Affairs and
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the Committee on Financial Services of the
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House of Representatives; and
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(B) the Committee on Foreign Relations
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and the Committee on Banking, Housing, and
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Urban Affairs of the Senate.
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(2) COVERED ARTICLE OR SERVICE.—The term
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‘‘covered article or service’’—
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(A) for purposes of section 2, means—
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(i) a defense article or defense service,
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as such terms are defined in section 47 of
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the Arms Export Control Act (22 U.S.C.
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2794); and
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(ii) any article included on the Com-
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merce Control List set forth in Supplement
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No. 1 to part 774 of the Export Adminis-
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tration Regulations under subchapter C of
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chapter VII of title 15, Code of Federal
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Regulations, and controlled for crime con-
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trol purposes, if it is determined that the
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end-user is likely to use the article to vio-
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late the human rights of the citizens of
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Venezuela; and
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(B) for purposes of section 3, means—
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(i) any defense article or defense serv-
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ice of the type described in section 47 of
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the Arms Export Control Act; and
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(ii) any article of the type included on
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the Commerce Control List set forth in
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Supplement No. 1 to part 774 of the Ex-
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port Administration Regulations and con-
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trolled for crime control purposes.
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(3) FOREIGN PERSON.—The term ‘‘foreign per-
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son’’ means a person that is not a United States
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person.
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(4) PERSON.—The term ‘‘person’’ means an in-
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dividual or entity.
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(5) SECURITY
FORCES
OF
VENEZUELA.—The
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term ‘‘security forces of Venezuela’’ includes—
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(A) the Bolivarian National Armed Forces,
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including the Bolivarian National Guard;
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(B) the Bolivarian National Intelligence
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Service;
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(C) the Bolivarian National Police; and
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(D) the Bureau for Scientific, Criminal
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and Forensic Investigations of the Ministry of
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Interior, Justice, and Peace.
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(6)
UNITED
STATES
PERSON.—The
term
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‘‘United States person’’ means—
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(A) a United States citizen or an alien law-
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fully admitted for permanent residence to the
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United States; or
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(B) an entity organized under the laws of
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the United States or of any jurisdiction within
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the United States, including a foreign branch of
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such an entity.
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Passed the House of Representatives March 25,
2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
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