,i #aacth ,,congress #ast ,session ,h4 ,r4 #eii ,,in ,,the ,,house ,,of ,,representatives ,february #h1 #bjac ,mr4 ,grijalva 7for himself1 ,mr4 ,blumenauer1 ,mr4 ,de,fazio1 ,mr4 ,holt1 ,mr4 ,honda1 ,ms4 ,lee of ,california1 ,ms4 ,mc,collum1 ,mr4 ,mc,govern1 ,mrs4 ,napolitano1 ,ms4 ,pingree of ,maine1 ,mr4 ,rangel1 ,ms4 ,slaughter1 ,mr4 ,farr1 and ,mr4 ,ellison7 introduced the following bill2 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 rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,arms ,sale ,responsibility ,act of #bjac4 #b4 ,sense of ,congress provisions 7a7 ,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 law4 7b7 ,arms control agreements ,in furtherance of the policy described in subsection 7a71 the ,president1 in negotiating any conventional arms control agreement1 should undertake a concerted effort-- 7#a7 to encourage the national control list of each party to the agreement to cover all types of weaponry1 munitions1 armaments and related material used for potentially lethal force in military and law enforcement operations1 as well as any parts1 components and accessories thereof1 and machines1 technologies and technical expertise for making1 developing and maintaining those items2 7#b7 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 basis2 7#c7 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 risk2 7#d7 to require import and transit state authorizations1 and certified end use assurances1 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 exporter1 consignee1 purchasers1 country of final destination1 description of type and quantity of items1 specific purpose they will be used1 an expiration date1 and an undertaking that they will not be used for purposes other than those declared or re-exported without permission2 7#e7 to require delivery verification to be officially certified on receipt of the shipment of conventional arms by the end user1 which includes at a minimum1 the name and address of the exporter and the importer1 the serial number of the import certificate1 a description of the goods1 the quantity and value1 the port of arrival and the name of the ship1 aircraft or other carrier2 and 7#f7 to require each party to the agreement to establish a clear legal framework for lawful brokering and shipping activities relating to transfers of conventional arms4 #c4 ,prohibition on transfer of defense articles and defense services to certain foreign governments 7a7 ,prohibition ,for each fiscal year beginning on or after the date of enactment of this ,act1 no defense articles or defense services may be transferred to the government of a foreign country under the ,foreign ,assistance ,act of #aifa or the ,arms ,export ,control ,act unless the ,president submits to ,congress a certification described in subsection 7b7 with respect to the transfer of such defense articles or defense services4 7b7 ,certification ,a certification referred to in subsection 7a7 is a certification that-- 7#a7 the government of the foreign country is not engaging in gross violations of internationally recognized human rights1 including-- 7,a7 by carrying out-- 7i7 excessive force against or unlawful killings of unarmed protesters2 7ii7 extrajudicial or arbitrary executions2 7iii7 disappearances2 7iv7 torture or severe mistreatment2 7v7 prolonged arbitrary imprisonment2 7vi7 systematic official discrimination on the basis of race1 ethnicity1 religion1 gender1 national origin1 or political affiliation2 or 7vii7 grave breaches of international humanitarian law2 and 7,b7 by failing to-- 7i7 vigorously investigate1 discipline1 or prosecute those individuals responsible for gross violations of internationally recognized human rights2 7ii7 allow the free functioning of domestic and international human rights organizations2 7iii7 provide access on a regular basis to humanitarian organizations in humanitarian emergencies2 or 7iv7 divert the transfer of defense articles or defense services to a third country which facilitates one or more of the actions described in subparagraph 7,a72 and 7#b7 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 groups1 including paramilitaries1 militias1 or civil defense forces1 that recruit or use child soldiers4 7c7 ,failure ,to ,continue ,to ,comply ,any certification with respect to a foreign government for a fiscal year under subsection 7b7 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 subsection4 7d7 ,notifications to congress ,the ,president shall submit to ,congress initial certifications under subsection 7b7 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 shall1 where appropriate1 submit additional or amended certifications at any time thereafter in that fiscal year4 7e7 ,exemptions 7#a7 ,in general ,the prohibition contained in subsection 7a7 shall not apply with respect to a foreign government for a fiscal year if-- 7,a7 subject to paragraph 7#b71 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 government2 or 7,b7 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 government4 7#b7 ,disapproval ,a request for an exemption to provide defense articles or defense services to a foreign government shall not take effect1 or shall cease to be effective1 if a law is enacted disapproving such request4 7f7 ,definitions ,in this section-- 7#a7 the term defense article has the meaning given the term in section #dg7c7 of the ,arms ,export ,control ,act2 and 7#b7 the term defense service has the meaning given the term in section #dg7d7 of the ,arms ,export ,control ,act4