Sec. 3. Human rights certification requirements for arms sales
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Section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) is amended by adding at the end the following new subsection: Any certification relating to a proposed sale or export under this section of defense articles or defense services designated under Category III, IV, VII, or VIII on the United States Munitions List pursuant to section 38(a)(1) to a foreign country shall include a certification by the Secretary of State that— during the fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred, the defense articles or defense services will not be used in hostilities in which the United States has credible information, including from credible nongovernmental investigations, that war crimes, crimes against humanity, gross violations of internationally recognized human rights, or atrocities have been committed by the government of the recipient country; during the current fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred, and during the preceding three fiscal years, the government of the foreign country— has not ordered or directed ethnic cleansing of civilians; has not recruited and used child soldiers; has not tortured, falsely imprisoned, or engaged in the targeted killing of political opponents, human rights defenders, or journalists; has not operated or had effective control or direction over secret detention facilities; has not engaged, through military, paramilitary, security, or police forces over which the government exercises effective control, in extrajudicial killings; has not diverted, transferred, lost, or given United States weapons to third parties; and has made significant and demonstrable efforts domestically to— ensure the protection of internationally recognized human rights and freedoms, including the rights of women, religious, ethnic, and other minorities, and freedoms of press, expression, and assembly in the foreign country; denounce extremist ideologies and doctrines; prevent and ensure accountability for significant acts of corruption; and promote transparent and inclusive governance; and in any conflict in which the recipient government of the foreign country engages, that government will— facilitate unfettered civilian access to humanitarian relief and commercial goods; support, in statements and actions, diplomatic and political resolution of the conflict; and make significant and demonstrable efforts to— ensure command and control of such weapons to prevent proliferation to non-state actors and proxies; and track, prevent, and publicly investigate civilian causalities.
For three years following the provision of the assistance, or sale or transfer of the military equipment or technology as described in paragraph (1), 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
(A)though
(C)of paragraph
(1)within 60 days of receiving credible information about the violation. The certification requirement under paragraph
(1)does not apply to ground-based missile defense systems. The President may waive the certification requirement under paragraph
(1)not earlier than 30 legislative days after the Secretary of State, in coordination with the Secretary of Defense, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an unclassified certification, which may include a classified annex, stating that the waiver is in the national security interest of the United States, including a report detailing— the status of recipient government efforts relating to each required certification described in subparagraphs
(A)through
(C)of such paragraph for which a waiver is necessary; and 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 certification. The President may not waive the certification requirement under paragraph
(1)if Congress, within the 30-legislative-day period referred to in subparagraph (A), enacts a joint resolution prohibiting the proposed sale or export. Any such joint resolution shall be considered in accordance with the procedures set forth in section 36(b)(2). .
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Sec. 3
Human rights certification requirements for arms sales
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