,,ii #aafth ,,congress #ast ,session ,s4 #hed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjai,mr4 ,cardin 7for himself1 ,mr4 ,durbin1 ,mr4 ,wyden1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to require human rights certifications for arms sales1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,human ,rights ,protections in ,arms ,sales ,act of #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the advancement of human rights is critically important to the security1 stability1 peace1 and prosperity of ,united ,states allies and partners1 and the ,united ,states ,government should promote the increased observance of internationally recognized human rights globally2 7#b7 as the world's oldest democracy and the largest arms exporter1 the human rights standards that the ,united ,states sets on arms transfers has global ramifications1 influencing standards set by other nations around the world2 7#c7 global arms transfers continue to flow into conflict zones and countries rife with internal repression at an alarming rate2 7#d7 the ,united ,states ,government has the ability to determine whether ,united ,states arms transfers are used to commit gross violations of human rights and other violations of ,united ,states law2 7#e7 ,congress took strong action to prohibit1 in the ,foreign ,assistance ,act of #aifa 7,u4,s4,c4 #baea et seq471 sales of defense articles or services to any country whose government engages in a consistent pattern of gross violations of internationally recognized human rights2 and 7#f7 ,congress should take further action to ensure that arms transfers-- 7,a7 are not used to commit or facilitate violations of internationally recognized human rights or violations of international humanitarian law in conflict zones2 and 7,b7 are provided only to countries that are demonstrably improving their efforts to protect the human rights and freedoms of their citizens and to promote participation and accountability in governance4 #c4 ,human rights certification requirements for arms sales 7a7 ,certification requirement ,section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7 is amended by adding at the end the following new subsection3 7j7 7#a7 ,any certification relating to a proposed sale or export under this section of defense articles or defense services designated under ,category ,,iii1 ,,iv1 ,,vii1 or ,,viii on the ,united ,states ,munitions ,list pursuant to section #ch7;a77#a7 to a foreign country shall include a certification by the ,secretary of ,state that-- 7,a7 during the fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred1 the defense articles or defense services will not be used in hostilities in which the ,united ,states has credible information1 including from credible nongovernmental investigations1 that war crimes1 crimes against humanity1 gross violations of internationally recognized human rights1 or atrocities have been committed by the government of the recipient country2 7,b7 during the current fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred1 and during the preceding three fiscal years1 the government of the foreign country-- 7i7 has not ordered or directed ethnic cleansing of civilians2 7ii7 has not recruited and used child soldiers2 7iii7 has not tortured1 falsely imprisoned1 or engaged in the targeted killing of political opponents1 human rights defenders1 or journalists2 7iv7 has not operated or had effective control or direction over secret detention facilities2 7v7 has not engaged1 through military1 paramilitary1 security1 or police forces over which the government exercises effective control1 in extrajudicial killings2 7vi7 has not diverted1 transferred1 lost1 or given ,united ,states weapons to third parties2 and 7vii7 has made significant and demonstrable efforts domestically to-- 7,i7 ensure the protection of internationally recognized human rights and freedoms1 including the rights of women1 religious1 ethnic1 and other minorities1 and freedoms of press1 expression1 and assembly in the foreign country2 7,,ii7 denounce extremist ideologies and doctrines2 7,,iii7 prevent and ensure accountability for significant acts of corruption2 and 7,,iv7 promote transparent and inclusive governance2 and 7,c7 in any conflict in which the recipient government of the foreign country engages1 that government will-- 7i7 facilitate unfettered civilian access to humanitarian relief and commercial goods2 7ii7 support1 in statements and actions1 diplomatic and political resolution of the conflict2 and 7iii7 make significant and demonstrable efforts to-- 7,i7 ensure command and control of such weapons to prevent proliferation to non-state actors and proxies2 and 7,,ii7 track1 prevent1 and publicly investigate civilian causalities4 7#b7 ,for three years following the provision of the assistance1 or sale or transfer of the military equipment or technology as described in paragraph 7#a71 the ,secretary of ,state shall provide to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives notice of any violation described in subparagraphs 7,a7 though 7,c7 of paragraph 7#a7 within #fj days of receiving credible information about the violation4 7#c7 ,the certification requirement under paragraph 7#a7 does not apply to ground-based missile defense systems4 7#d7 7,a7 ,the ,president may waive the certification requirement under paragraph 7#a7 not earlier than #cj legislative days after the ,secretary of ,state1 in coordination with the ,secretary of ,defense1 submits to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives an unclassified certification1 which may include a classified annex1 stating that the waiver is in the national security interest of the ,united ,states1 including a report detailing-- 7i7 the status of recipient government efforts relating to each required certification described in subparagraphs 7,a7 through 7,c7 of such paragraph for which a waiver is necessary2 and 7ii7 relevant information received by the ,department of ,state and the ,department of ,defense from credible human rights organizations and intergovernmental human rights monitoring bodies relating to each such waived certification4 7,b7 ,the ,president may not waive the certification requirement under paragraph 7#a7 if ,congress1 within the #cj-legislative-day period referred to in subparagraph 7,a71 enacts a joint resolution prohibiting the proposed sale or export4 ,any such joint resolution shall be considered in accordance with the procedures set forth in section #cf7;b77#b74 4 #d4 ,strategy on enhancing human rights considerations in ,united ,states military assistance and arms transfers 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 to the appropriate congressional committees a strategy to enhance ,united ,states efforts to ensure human rights protections for ,united ,states military assistance and arms transfers4 ,the strategy shall include processes and procedures to-- 7#a7 determine when ,united ,states military assistance and arms transfers are used to commit gross violations of internationally recognized human rights2 7#b7 determine when ,united ,states military assistance and arms transfers are used to undermine international peace and security or contribute to gross violations of internationally recognized human rights1 including acts of gender-based violence and acts of violence against children1 violations of international humanitarian law1 terrorism1 mass atrocities1 or transnational organized crime2 7#c7 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 violations of internationally recognized human rights2 7#d7 train partner militaries1 security1 and police forces on methods for preventing civilian causalities2 and 7#e7 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 later been credibly implicated in gross violations of internationally recognized human rights4 7b7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #e4 ,end use monitoring of misuse of arms in human rights abuses ,section #dj;,a7a77#b77;,b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghe7;a77#b77;,b77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 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 by non-state actors and proxies for the commission of war crimes and other gross human rights abuses4 4