,,ii #aafth ,,congress #b;d ,session ,s4 #dgab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbj,mr4 ,menendez 7for himself1 ,mr4 ,leahy1 and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to enhance the consideration of human rights in arms exports4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,human ,rights in ,arms ,exports ,act of #bjbj or the ,,safeguard ,act4 #b4 ,statement of policy on control of defense exports and protection of human rights ,it is the policy of the ,united ,states that one of the purposes for controlling the export of defense articles and defense services to foreign countries is to prevent such exports from being used in violation of international humanitarian law or internationally recognized human rights1 to require accountability for any such violations1 and to ensure that the sale1 export1 or transfer of such articles and services serves to encourage governments of foreign countries to fully comply with international humanitarian law and observe internationally recognized human rights4 #c4 ,prohibition of arms sales to countries committing genocide or war crimes 7a7 ,in general ,no sale1 export1 or transfer of defense articles or defense services may occur to any country if the ,secretary of ,state has credible information that the government of such country has committed or is committing genocide or violations of international humanitarian law after the date of the enactment of this ,act4 7b7 ,exception ,the restriction under subsection 7a7 shall not apply if the ,secretary of ,state certifies to the appropriate congressional committees that-- 7#a7 the government has adequately punished the persons directly or indirectly responsible for such acts through a credible1 transparent1 and effective judicial process2 7#b7 appropriate measures have been instituted to ensure that such acts will not recur2 and 7#c7 other appropriate compensation or appropriate compensatory measures have been or are being provided to the persons harmed by such acts4 #d4 ,misuse of arms sales for human rights abuses 7a7 ,in general ,the ,president shall ensure that-- 7#a7 the sale1 export1 or transfer of any defense article or defense service to a foreign country or international organization shall be pursuant to an agreement that the government of such country or such international organization will not use such article or service in the commission1 or to enable the commission1 of a violation of international humanitarian law or internationally recognized human rights2 7#b7 the ,united ,states ,government has the legal right to require the return of any defense articles sold1 exported1 or transferred to a foreign country or international organization if the government of such country or such organization has used ,united ,states-origin defense articles in the commission1 or has enabled the commission1 of a violation of international humanitarian law or internationally recognized human rights2 and 7#c7 if defense articles are sold1 exported1 or transferred to a foreign country in a manner in which the intended end user has not been identified at the unit level for human rights vetting1 the agreement for such sale1 export1 or transfer includes a list of units ineligible to receive such articles1 consistent with applicable provisions of ,united ,states law4 7b7 ,eligibility for defense services or articles ,section #c7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking and promote world peace and inserting 1 promote world peace1 and is unlikely to contribute to human rights abuses2 7#b7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7#c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#d7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 the country or international organization has agreed not to use such article or service in the commission1 or to enable the commission1 of a violation of international humanitarian law or internationally recognized human rights2 and 4 7c7 ,authorized purpose for military sales ,section #d of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bged7 is amended-- 7#a7 by inserting legitimate before internal security2 and 7#b7 by inserting 1 provided that such defense articles and defense services will not present a significant risk of being used to violate international humanitarian law or internationally recognized human rights after such friendly countries4 #e4 ,consideration of human rights and democratization in arms exports 7a7 ,in general ,in considering the sale1 export1 or transfer of defense articles and defense services to foreign countries1 the ,secretary of ,state shall-- 7#a7 also consider the extent to which the government of the foreign country protects human rights and supports democratic institutions1 including an independent judiciary2 and 7#b7 ensure that the views and expertise of the ,bureau of ,democracy1 ,human ,rights1 and ,labor of the ,department of ,state in connection with any sale1 export1 or transfer are fully taken into account4 7b7 ,inspector ,general oversight ,not later than one year after the date of the enactment of this ,act1 and annually thereafter for four years1 the ,inspector ,general of the ,department of ,state shall submit to the appropriate congressional committees a report on the implementation of the requirement under subsection 7a7 during the preceding year4 #f4 ,enhancement of congressional oversight of human rights in arms exports 7a7 ,in general ,any letter of offer to sell1 or any application for a license to export or transfer1 defense articles or defense services controlled for export shall be subject to the congressional review and disapproval requirements1 regardless of monetary value1 of section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7 if the ,secretary of ,state has credible information1 with respect to a country to which the defense articles or defense services are proposed to be sold1 exported1 or transferred1 that-- 7#a7 the government of such country on or after the date of enactment of this ,act has been deposed by a coup d'etat or decree in which the military played a decisive role1 and a democratically elected government has not taken office subsequent to the coup or decree2 or 7#b7 a unit of the security forces of the government of such country-- 7,a7 has violated international humanitarian law and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation2 or 7,b7 has committed a gross violation of human rights1 and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation1 including1 inter alia-- 7i7 torture or rape2 7ii7 ethnic cleansing of civilians2 7iii7 recruitment or use of child soldiers2 7iv7 unjust or wrongful detention2 7v7 the operation of1 or effective control or direction over1 secret detention facilities2 or 7vi7 extrajudicial killings1 whether by military1 police1 or other security forces4 7b7 ,inclusion of information in human rights report ,the ,secretary of ,state shall also provide to the appropriate congressional committees the report described in section #ejb;,b7c7 of the ,foreign ,assistance ,act 7#bb ,u4,s4,c4 #bcjd7;c77 biannually for the period of time specified in subsection 7c7 of this section regarding any country covered under subsection 7a74 7c7 ,duration 7#a7 ,in general ,with respect to a letter of offer to sell or an application for a license to sell1 export1 or transfer described in subsection 7a71 the letter or application shall be subject to the requirements and procedures for congressional review and disapproval under section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7 for #b years after the date on which the ,secretary of ,state receives the information described in subsection 7a74 7#b7 ,termination 7,a7 ,in general ,with respect to such a letter or application1 the enhanced congressional oversight under subsection 7a7 and paragraph 7#a7 of this subsection shall terminate on the date on which the ,secretary of ,state determines and so informs the appropriate congressional committees that-- 7i7 the credible information described in subsection 7a77#b7 is inaccurate2 or 7ii7 the activity has ceased1 and the government of the applicable country has taken appropriate steps to ensure that such activity does not recur1 including appropriate punishment for the person or persons involved in such activity4 7,b7 ,information supporting determination ,the ,secretary of ,state shall submit to the appropriate congressional committees all information forming the basis for a determination under subparagraph 7,a74 ,the determination shall1 to the fullest extent possible1 be unclassified1 but may include a classified annex4 #g4 ,limitation on sales to security forces involved in gross violation of human rights ,section #fbj,m7a7 of the ,foreign ,assistance ,act of #aifa 7#bc ,u4,s4,c4 #bcgh;d7a77 is amended by striking ,no assistance and all that follows through ,arms ,export ,control ,act and inserting ,no assistance1 including the sale of defense articles or defense services1 shall be furnished under this ,act1 the ,arms ,export ,control ,act1 or any other provision of law controlling the export or transfer of such articles and services4 #h4 ,end use monitoring of misuse of arms in human rights abuses 7a7 ,end use monitoring ,section #dj;,a7a77#b77;,b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghe7 is amended-- 7#a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting and22 and 7#c7 by adding at the end the following new clause3 7iii7 such articles and services are not being used to violate international humanitarian law or internationally recognized human rights4 4 7b7 ,report ,the ,secretary shall report to the appropriate congressional committees on the measures that will be taken1 including any additional resources needed1 to conduct an effective end-use monitoring program to fulfill the requirement of clause 7iii7 of section #dj;,a7a77#b77;,b7 of the ,arms ,export ,control ,act1 as added by subsection 7a77#c74 #i4 ,human rights elements in auxiliary reports ,section #cf7;b77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;b77#a77 is amended-- 7#a7 in subparagraph 7,o71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,p71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,q7 an assessment of the risk that such defense articles or defense services will be used in the commission of violations of international humanitarian law or internationally recognized human rights1 and a description of any measures to be taken by the recipient government or by the ,united ,states to prevent and monitor any such use4 4 #aj4 ,requirement for certain weapons to be subject to conditions and end use monitoring as foreign military sales ,beginning on the date that is #ahj days after the date of the enactment of this ,act1 the following defense articles may be sold1 exported1 or transferred only pursuant to section #cf7;b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;b773 7#a7 ,rockets1 space launch vehicles1 missiles1 bombs 7including equipment to enable precision guidance71 torpedoes1 depth charges1 mines1 and grenades4 7#b7 ,armored combat ground vehicles1 including ground vehicles and trailers that are armed or are specially designed to be used as a firing or launch platform to deliver munitions or otherwise destroy or incapacitate targets1 excluding any unarmed ground vehicles1 regardless of origin or designation1 manufactured prior to #aief and unmodified since #aiee4 7#c7 ,aircraft1 whether manned1 unmanned1 remotely piloted1 or optionally piloted1 as follows3 7,a7 ,bombers4 7,b7 ,fighters1 fighter_/bombers1 and fixed-wing attack aircraft4 7,c7 ,turbofan- or turbojet-powered trainers used to train pilots for fighter1 attack1 or bomber aircraft4 7,d7 ,attack helicopters4 7,e7 ,unmanned aerial vehicles 7,u,a,vs7 specially designed to incorporate a defense article4 7,f7 ,aircraft specially designed to incorporate a defense article for the purpose of performing an intelligence1 surveillance1 and reconnaissance function4 7,g7 ,aircraft specially designed to incorporate a defense article for the purpose of performing an electronic warfare function1 airborne warning and control aircraft1 or aircraft specially designed to incorporate a defense article for the purpose of performing a command1 control1 and communications function4 #aa4 ,oversight of export of silencers to foreign non-governmental persons 7a7 ,in general ,any proposed license to export firearms silencers1 mufflers1 or sound suppressors to any foreign nongovernmental person1 group1 or organization may not be issued until after the proposed license is submitted in accordance with section #cf7;c7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;c771 regardless of the dollar value of the proposed export or whether other defense articles or services are included in such proposed license4 7b7 ,secretary of ,state determination 7#a7 ,in general ,the license referred to in subsection 7a7 may not be issued unless the ,secretary of ,state-- 7,a7 determines that the proposed export does not pose a risk for the retransfer of the items referred to in such subsection to foreign persons1 including terrorists1 terrorist groups1 insurgent groups1 criminals or criminal organizations2 and 7,b7 submits a report to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that sets forth the reasons for1 and the information supporting1 such determination4 7#b7 ,form of report ,the report required under paragraph 7#a77;,b7 shall be unclassified and shall be made available to the public to the maximum extent possible1 but may include a classified annex4 #ab4 ,definitions ,in this ,act3 7#a7 ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,the terms defense article and defense service have the same meanings given the terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74