[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5749 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5749

 To prohibit the transfer of defense articles and defense services to 
    the governments of foreign countries that are engaging in gross 
 violations of internationally-recognized human rights, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2012

  Mr. Grijalva (for himself, Mr. Conyers, Mr. DeFazio, Mr. Farr, Mr. 
Filner, Ms. Hahn, Mr. Holt, Mr. Jackson of Illinois, Mr. Kucinich, Ms. 
Lee of California, Mr. Polis, Mr. Stark, and Ms. Waters) introduced the 
 following bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To prohibit the transfer of defense articles and defense services to 
    the governments of foreign countries that are engaging in gross 
 violations of internationally-recognized human rights, 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 ``Arms Sale Responsibility Act of 
2012''.

SEC. 2. SENSE OF CONGRESS PROVISIONS.

    (a) Transfer of Conventional Arms.--It is the sense of Congress 
that it should be the policy of the United States to maintain adherence 
to a policy of restraint in transferring conventional arms if evidence 
exists of substantial risk that such arms will be used to commit or 
facilitate serious violations of international human rights law or 
international humanitarian law.
    (b) Arms Control Agreements.--In furtherance of the policy 
described in subsection (a), the President, in negotiating any 
conventional arms control agreement, should undertake a concerted 
effort--
            (1) to encourage the national control list of each party to 
        the agreement to cover all types of weaponry, munitions, 
        armaments and related material used for potentially lethal 
        force in military and law enforcement operations, as well as 
        any parts, components and accessories thereof, and machines, 
        technologies and technical expertise for making, developing and 
        maintaining those items;
            (2) to conduct an effective inquiry and meaningful 
        assessment of each application or proposal for authorization to 
        export or internationally transfer arms on a case-by-case 
        basis;
            (3) to deny an arms transfer authorization if there is a 
        substantial risk that the arms will be used to commit or 
        facilitate serious violations of international human rights law 
        or international humanitarian law and to ensure such denial 
        remains in place until steps are taken to mitigate the level of 
        risk;
            (4) to require import and transit state authorizations, and 
        certified end use assurances, before issuing an export license 
        or authorization for any international transfer of conventional 
        arms and to ensure minimum details in the end use assurance 
        include the exporter, consignee, purchasers, country of final 
        destination, description of type and quantity of items, 
        specific purpose they will be used, an expiration date, and an 
        undertaking that they will not be used for purposes other than 
        those declared or re-exported without permission;
            (5) to require delivery verification to be officially 
        certified on receipt of the shipment of conventional arms by 
        the end user, which includes at a minimum, the name and address 
        of the exporter and the importer, the serial number of the 
        import certificate, a description of the goods, the quantity 
        and value, the port of arrival and the name of the ship, 
        aircraft or other carrier; and
            (6) to require each party to the agreement to establish a 
        clear legal framework for lawful brokering and shipping 
        activities relating to transfers of conventional arms.

SEC. 3. PROHIBITION ON TRANSFER OF DEFENSE ARTICLES AND DEFENSE 
              SERVICES TO CERTAIN FOREIGN GOVERNMENTS.

    (a) Prohibition.--For each fiscal year beginning on or after the 
date of enactment of this Act, no defense articles or defense services 
may be transferred to the government of a foreign country under the 
Foreign Assistance Act of 1961 or the Arms Export Control Act unless 
the President submits to Congress a certification described in 
subsection (b) with respect to the transfer of such defense articles or 
defense services.
    (b) Certification.--A certification referred to in subsection (a) 
is a certification that--
            (1) the government of the foreign country is not engaging 
        in gross violations of internationally-recognized human rights, 
        including--
                    (A) by carrying out--
                            (i) excessive force against or unlawful 
                        killings of unarmed protesters;
                            (ii) extrajudicial or arbitrary executions;
                            (iii) disappearances;
                            (iv) torture or severe mistreatment;
                            (v) prolonged arbitrary imprisonment;
                            (vi) systematic official discrimination on 
                        the basis of race, ethnicity, religion, gender, 
                        national origin, or political affiliation; or
                            (vii) grave breaches of international 
                        humanitarian law; and
                    (B) by failing to--
                            (i) vigorously investigate, discipline, or 
                        prosecute those individuals responsible for 
                        gross violations of internationally-recognized 
                        human rights;
                            (ii) allow the free functioning of domestic 
                        and international human rights organizations;
                            (iii) provide access on a regular basis to 
                        humanitarian organizations in humanitarian 
                        emergencies; or
                            (iv) divert the transfer of defense 
                        articles or defense services to a third country 
                        which facilitates 1 or more of the actions 
                        described in subparagraph (A); and
            (2) the government of the country is not identified by the 
        Secretary of State in the Department of State's most recent 
        Country Reports on Human Rights Practices as having 
        governmental armed forces or government supported armed groups, 
        including paramilitaries, militias, or civil defense forces, 
        that recruit or use child soldiers.
    (c) Failure To Continue To Comply.--Any certification with respect 
to a foreign government for a fiscal year under subsection (b) shall 
cease to be effective for that fiscal year if the President certifies 
to Congress that such government has not continued to comply with the 
requirements contained in such subsection.
    (d) Notifications to Congress.--The President shall submit to 
Congress initial certifications under subsection (b) as part of the 
submission of the annual congressional presentation documents for 
foreign assistance programs for each fiscal year beginning on or after 
the date of enactment of this Act and shall, where appropriate, submit 
additional or amended certifications at any time thereafter in that 
fiscal year.
    (e) Exemptions.--
            (1) In general.--The prohibition contained in subsection 
        (a) shall not apply with respect to a foreign government for a 
        fiscal year if--
                    (A) subject to paragraph (2), the President submits 
                a request for an exemption to Congress containing a 
                determination that it is in the national security 
                interest of the United States to provide defense 
                articles or defense services to such government; or
                    (B) the President determines that an emergency 
                exists under which it is vital to the interest of the 
                United States to provide military defense articles or 
                defense services to such government.
            (2) Disapproval.--A request for an exemption to provide 
        defense articles or defense services to a foreign government 
        shall not take effect, or shall cease to be effective, if a law 
        is enacted disapproving such request.
    (f) Definitions.--In this section--
            (1) the term ``defense article'' has the meaning given the 
        term in section 47(3) of the Arms Export Control Act; and
            (2) the term ``defense service'' has the meaning given the 
        term in section 47(4) of the Arms Export Control Act.
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