,,ii #aaeth ,,congress #ast ,session ,s4 #ajee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #d1 #bjag ,mr4 ,cardin 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to restrict the exportation of certain defense articles to the ,philippine ,national ,police1 to work with the ,philippines to support civil society and a public health approach to substance abuse1 to report on ,chinese and other sources of narcotics to the ,republic of the ,philippines1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,philippines ,human ,rights ,accountability and ,counternarcotics ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,policy statements4 ,sec4 #d4 ,definition4 ,sec4 #e4 ,restriction on assistance to the ,philippine ,national ,police4 ,sec4 #f4 ,leahy vetting report on foreign assistance cases related to the ,philippine ,national ,police4 ,sec4 #g4 ,report on ,chinese and other sources of narcotics to the ,philippines4 ,sec4 #h4 ,human rights1 democracy1 and public health promotion4 ,sec4 #i4 ,report on ,united ,states military assistance and arms transfers to the ,philippines4 ,sec4 #aj4 ,report on plans for ,philippines partner capacity building4 #b4 ,findings 7#a7 ,on ,august #bh1 #bjaf1 ,archbishop of ,manila ,luis ,antonio ,cardinal ,tagle said1 in response to the extrajudicial killings in the ,philippines1 ,i know that the big issue nowadays is the recent spate of killings--which1 they say1 afflicts even those not guilty1 the innocent--but whether a person is guilty or not1 life should be cared for and respected44 7#b7 ,the ,department of ,state's #bjag ,human ,rights ,report1 released on ,march #c1 #bjag-- 7,a7 states that police and unknown vigilantes have killed more than #f1jjj suspected drug dealers and users in the ,philippines between ,july and ,december #bjaf1 a period during which extrajudicial killings increased sharply2 and 7,b7 chronicles the environment for extrajudicial killings allegedly undertaken by vigilantes1 security forces1 and insurgents and the apparent governmental disregard for human rights and due process2 and a weak and overburdened criminal justice system4 7#c7 ,on ,january #ca1 #bjag1 ,amnesty ,international reported1 ,since ,president ,rodrigo ,duterte took office in ,june #bjaf1 there has been a relentless campaign of violence against alleged drug offenders1 incited by the ,president and his administration4 ,more than #g1jjj people have been killed1 roughly one-third during formal police operations and the rest by unknown shooters who often arrive masked and on motorbike to kill specific people44 7#d7 ,human ,rights ,watch has reported that since ,president ,duterte took office1 police and unidentified gunmen together have killed more than #g1jjj suspected drug users and dealers1 with police officials themselves claiming to have killed almost #c1jjj in encounters with supposed drug sellers or users4 ,the police have attributed #c1bga other killings to vigilantes and drug gangs1 although ,human ,rights ,watch research suggests that many of these cases may also entail police and police agent involvement in extrajudicial executions4 7#e7 ,on ,february #ad1 #bjag1 national police chief ,ronald ,dela ,rosa announced that he was suspending anti-narcotics operations after a ,south ,korean businessman was killed at national police headquarters4 7#f7 ,on ,february #bc1 #bjag1 an arrest warrant was issued against ,philippines ,senator ,leila de ,lima for alleged involvement in drug trafficking4 ,the prosecution of de ,lima came following her repeated criticism of the ,duterte administration for its conduct of the drug war1 her holding of ,senate hearings where alleged former members of a death squad testified that ,duterte participated in extrajudicial killings in ,davao ,city when he was mayor1 and repeated threats against her from ,duterte and his allies4 7#g7 ,on ,december #af1 #bjaf1 ,reuters reported1 ,china isn't only a source of meth expertise--it is also the biggest source of the meth and of the precursor chemicals used to produce the synthetic drug that are being smuggled into the ,philippines1 according to local drug enforcement officials4 ,it's safe to say that the majority of the meth we have comes from ,china1 said ,philippine ,drug ,enforcement ,agency spokesman ,derrick ,carreon44 #c4 ,policy statements ,it is the policy of the ,united ,states-- 7#a7 to reaffirm its commitment and support for the ,philippines1 including the longstanding ,united ,states policy regarding ,article ,v of the ,united ,states-,philippines ,mutual ,defense ,treaty1 signed at ,washington ,august #cj1 #aiea 7#c ,,ust #cidg72 7#b7 to work with the ,philippines to promote economic growth and development through-- 7,a7 programs such as the ,partnership for ,growth1 which seeks to strengthen regulatory quality1 fiscal management1 and human capacity development in the ,philippines2 and 7,b7 other appropriate bilateral and multilateral economic development and trade initiatives2 7#c7 to work with the ,philippines to support a public health approach to substance abuse1 drug addiction1 and the illegal use of narcotics utilizing comprehensive1 voluntary1 and community-based treatment and rehabilitation programs in line with international standards2 7#d7 to support the people of the ,philippines in their efforts-- 7,a7 to strengthen the rule of law and anti-corruption measures2 7,b7 to further effective judicial and legal institutions2 and 7,c7 to promote human rights and civil society4 7#e7 to expand opportunities for more robust cooperative security assistance programs1 particularly programs involving maritime security and maritime domain awareness2 7#f7 to pursue and coordinate robust cooperative security assistance programs for capacity building of the ,philippines to establish a credible defense posture1 and to support counter-terrorism and maritime law enforcement2 7#g7 to coordinate closely on the implementation of the ,enhanced ,defense ,cooperation ,agreement1 a mutually beneficial agreement that will-- 7,a7 enhance the ,united ,states ability to provide rapid humanitarian assistance2 and 7,b7 help build capacity for the modernization of the ,armed ,forces of the ,philippines2 7#h7 to enhance military-to-military cooperation and inter-operability through joint exercises1 capacity-building1 and intelligence sharing and support work to establish a robust information security program1 which will lead to achieving a ,general ,security of ,military ,information ,agreement2 and 7#i7 to enhance cybersecurity cooperation between the ,united ,states and the ,philippines4 #d4 ,definition ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,armed ,services of the ,senate2 7#c7 the ,committee on ,appropriations of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#e7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7#f7 the ,committee on ,appropriations of the ,house of ,representatives4 #e4 ,restriction on assistance to the ,philippine ,national ,police 7a7 ,in general ,subject to subsections 7b7 through 7d71 no defense articles or defense services may be exported1 and no licenses for export of any item controlled by the ,united ,states for law enforcement1 riot control1 or related purposes may be issued1 for the use of the ,philippine ,national ,police or entities associated with the ,philippine ,national ,police4 7b7 ,exceptions ,the restrictions under subsection 7a7 shall not apply to the exportation of defense articles or the provision of training for maritime law enforcement 7,coast ,guard drug interdiction71 criminal justice programs1 human rights training1 and counter-terrorism programs for use of the ,philippine ,national ,police4 7c7 ,waiver ,the ,president may waive the restrictions under subsection 7a71 on a case-by-case basis1 if-- 7#a7 the ,president determines that the export of such item or service is in the national interest of the ,united ,states2 and 7#b7 the ,president notifies the appropriate congressional committees of the determination under paragraph 7#a71 including the justification for such determination1 at least #cj days before invoking such waiver4 7d7 ,sunset 7#a7 ,in general ,the restrictions under subsection 7a7 shall terminate on-- 7,a7 the date that is #e years after the date of the enactment of this ,act2 or 7,b7 the date set forth in paragraph 7#b7 if the ,president determines that-- 7i7 the ,philippine ,national ,police and its associated entities have been sufficiently reformed2 and 7ii7 sufficient safeguards1 reporting1 investigatory1 and judicial measures have been established to prevent recurrent human rights abuses4 7#b7 ,notice ,the date set forth in this paragraph is #cj days after the ,president notifies the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that the ,president has made the determination described in paragraph 7#a77;,b7 and provides such committees with justification for such determination4 #f4 ,leahy vetting report on foreign assistance cases related to the ,philippine ,national ,police 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter until #e years after the date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the appropriate congressional committees on foreign assistance cases related to the ,philippine ,national ,police1 or entities associated with the ,philippine ,national ,police1 submitted for vetting for purposes of section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d7 during the preceding fiscal year1 including-- 7#a7 the total number of cases related to the ,philippine ,national ,police submitted1 approved1 suspended1 or rejected for human rights reasons2 and 7#b7 for cases rejected1 a description of the steps taken to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice1 in accordance with section #fbj,m7c7 of such ,act4 7b7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may be accompanied by a classified annex4 #g4 ,report on ,chinese and other sources of narcotics to the ,philippines 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 with the concurrence of the ,administrator of the ,drug ,enforcement ,administration and the ,secretary of ,defense1 shall submit a report to the appropriate congressional committees that describes1 for the previous calendar year-- 7#a7 ,chinese and other sources of narcotics and precursor chemicals to produce narcotics in the ,philippines2 and 7#b7 ,chinese and other sources of expertise for the production of narcotics in the ,philippines4 7b7 ,form ,each report under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #h4 ,human rights1 democracy1 and public health promotion ,of the amounts made available for the ,department of ,state and the ,united ,states ,agency for ,international ,development to support global health and civil society1 including human rights defenders1 and to promote the rule of law and good governance in fiscal years #bjag and #bjah1 up to #be1jjj1jjj may be used to support human rights1 democracy1 and public health in the ,philippines1 including-- 7#a7 supporting ,filipino defenders of human rights2 7#b7 assisting victims of human rights violations2 7#c7 responding to human rights emergencies2 7#d7 promoting and encouraging the rule of law1 including the support for nongovernmental organizations in the ,philippines2 7#e7 promoting a public health approach to substance abuse1 drug addiction1 and the illegal use of narcotics utilizing comprehensive1 voluntary1 and community-based treatment and rehabilitation programs that are consistent with international standards2 and 7#f7 carrying out such other related activities as are consistent with paragraphs 7#a7 through 7#e74 #i4 ,report on ,united ,states military assistance and arms transfers to the ,philippines 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 with the concurrence of the ,secretary of ,defense1 shall submit a classified report to the appropriate congressional committees on whether-- 7#a7 ,united ,states military assistance1 cooperation1 security assistance1 and arms transfers 7including items prohibited under section #e1 and any defense or other items or services controlled for export by the ,united ,states that have been provided for the use of the ,philippine ,national ,police and its associated entities7 are used by the ,philippine ,national ,police and its associated entities-- 7,a7 to commit gross violations of human rights2 or 7,b7 in violation of other ,united ,states laws applicable to ,united ,states military or security assistance1 cooperation1 and arms transfers that are related to human rights and preventing human rights violations2 and 7#b7 the ,united ,states has the ability-- 7,a7 to determine whether ,united ,states military assistance and arms transfers are used to commit gross violations of human rights2 7,b7 to detect other violations of ,united ,states law concerning ,united ,states military or security assistance1 cooperation1 and arms transfers1 including the diversion of such assistance or the use of such assistance by security force or police units credibly implicated in gross human rights violations2 and 7,c7 to determine whether individuals or units that have received ,united ,states military1 security1 or police training or have participated or are scheduled to participate in joint exercises with ,united ,states forces have been credibly implicated in gross human rights violations4 7b7 ,technology transfer status report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the appropriate congressional committees1 in unclassified form to the maximum extent possible1 that summarizes the status of the ,defense ,security ,cooperation ,agency's efforts to implement the ,end-,use ,monitoring ,enhancement ,plan relating to government-to-government transfers and commercial sales of defense articles1 defense services1 law enforcement articles1 law enforcement services1 and related technologies4 #aj4 ,report on plans for ,philippines partner capacity building ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 with the concurrence of the ,secretary of ,defense1 shall submit a classified report to the appropriate congressional committees that includes a plan that describes1 for each of the #f-month1 #a-year1 and #e-year periods beginning on the date of such report-- 7#a7 partner capacity building assistance to the ,philippines to enhance maritime capabilities1 respond to emerging threats1 and maintain freedom of operations in international waters and airspace in the ,asia-,pacific maritime domains2 7#b7 recommendations1 if any1 for additional foreign military sales1 foreign military financing1 and international military education and training to be made available to the ,philippines1 including-- 7,a7 any necessary updates to the report detailing steps taken by the ,government of the ,philippines to investigate and prosecute army personnel involved in human rights violations1 as required by ,senate ,report #aad-gi2 and 7,b7 an assessment of the commitment of the ,government of the ,philippines to international human rights conventions2 and 7#c7 how the assistance referred to in paragraph 7#a7 will be implemented in accordance with appropriate human rights laws1 including-- 7,a7 the regular process for vetting participants in security assistance and training programs funded by the ,united ,states under section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d72 and 7,b7 the restrictions on assistance to foreign security forces set forth in section #cfb of title #aj1 ,united ,states ,code4