[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1801 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1801
To enhance the consideration of human rights in arms exports.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2023
Mr. Meeks (for himself, Ms. Wild, Ms. Spanberger, Ms. Jacobs, Mr.
Castro of Texas, and Mr. Phillips) introduced the following bill; which
was referred to the Committee on Foreign Affairs, and in addition to
the Committee on Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the consideration of human rights in arms exports.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Human Rights in Arms
Exports Act of 2023'' or the ``SAFEGUARD Act of 2023''.
SEC. 2. 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 rights, to require accountability for any such
violations, and to ensure that the sale, export, 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 rights.
SEC. 3. PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE OR
WAR CRIMES.
(a) In General.--No sale, export, 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 Act.
(b) Exception.--The restriction under subsection (a) shall not
apply if the Secretary of State certifies to the appropriate
congressional committees that--
(1) the government has adequately punished the persons
directly or indirectly responsible for such acts through a
credible, transparent, and effective judicial process;
(2) appropriate measures have been instituted to ensure
that such acts will not recur; and
(3) other appropriate compensation or appropriate
compensatory measures have been or are being provided to the
persons harmed by such acts.
SEC. 4. MISUSE OF ARMS SALES FOR HUMAN RIGHTS ABUSES.
(a) In General.--The President shall ensure that--
(1) the sale, export, 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 commission, or to
enable the commission, of a violation of international
humanitarian law or internationally recognized human rights;
(2) the United States Government has the legal right to
require the return of any defense articles sold, exported, 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 commission, or has
enabled the commission, of a violation of international
humanitarian law or internationally recognized human rights;
and
(3) if defense articles are sold, exported, 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
vetting, the agreement for such sale, export, or transfer
includes a list of units ineligible to receive such articles,
consistent with applicable provisions of United States law.
(b) Eligibility for Defense Services or Articles.--
(1) Arms export control act.--Section 3(a) of the Arms
Export Control Act (22 U.S.C. 2753(a)) is amended--
(A) in paragraph (1), by striking ``and promote
world peace'' and inserting ``, promote world peace,
and is unlikely to contribute to human rights abuses'';
(B) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) the country or international organization has agreed
not to use such article or service in the commission, or to
enable the commission, of a violation of international
humanitarian law or internationally recognized human rights;
and''.
(2) Foreign assistance act of 1961.--Section 505 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)) is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following new paragraph:
``(4) the country or international organization has agreed
not to use such articles or service in the commission, or to
enable the commission, of a violation of international
humanitarian law or internationally recognized human rights;
and''; and
(B) in subsection (e), by striking ``subsection
(a)(1) or (a)(4)'' both places it appears and inserting
``subsection (a)(1) or (a)(5)''.
(c) Authorized Purpose for Military Sales.--Section 4 of the Arms
Export Control Act (22 U.S.C. 2754) is amended--
(1) by inserting ``legitimate'' before ``internal
security''; and
(2) by inserting ``, 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
countries''.
SEC. 5. CONSIDERATION OF HUMAN RIGHTS AND DEMOCRATIZATION IN ARMS
EXPORTS.
(a) In General.--In considering the sale, export, or transfer of
defense articles and defense services to foreign countries, the
Secretary of State shall--
(1) also consider the extent to which the government of the
foreign country protects human rights and supports democratic
institutions, including an independent judiciary; and
(2) ensure that the views and expertise of the Bureau of
Democracy, Human Rights, and Labor of the Department of State
in connection with any sale, export, or transfer are fully
taken into account.
(b) Inspector General Oversight.--Not later than one year after the
date of the enactment of this Act, and annually thereafter for four
years, 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 (a) during the preceding year.
SEC. 6. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF HUMAN RIGHTS IN ARMS
EXPORTS.
(a) In General.--Any letter of offer to sell, or any application
for a license to export or transfer, defense articles or defense
services controlled for export shall be subject to the congressional
review and disapproval requirements, regardless of monetary value, of
section 36 of the Arms Export Control Act (22 U.S.C. 2776) if the
Secretary of State has credible information, with respect to a country
to which the defense articles or defense services are proposed to be
sold, exported, or transferred, that--
(1) 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 role, and a
democratically elected government has not taken office
subsequent to the coup or decree; or
(2) a unit of the security forces of the government of such
country--
(A) has violated international humanitarian law and
has not been credibly investigated and subjected to a
credible and transparent judicial process addressing
such allegation; or
(B) has committed a gross violation of human
rights, and has not been credibly investigated and
subjected to a credible and transparent judicial
process addressing such allegation, including, inter
alia--
(i) torture or rape;
(ii) ethnic cleansing of civilians;
(iii) recruitment or use of child soldiers;
(iv) unjust or wrongful detention;
(v) the operation of, or effective control
or direction over, secret detention facilities;
or
(vi) extrajudicial killings, whether by
military, police, or other security forces.
(b) Inclusion of Information in Human Rights Report.--The Secretary
of State shall also provide to the appropriate congressional committees
the report described in section 502B(c) of the Foreign Assistance Act
(22 U.S.C. 2304(c)) biannually for the period of time specified in
subsection (c) of this section regarding any country covered under
subsection (a).
(c) Duration.--
(1) In general.--With respect to a letter of offer to sell
or an application for a license to sell, export, or transfer
described in subsection (a), the letter or application shall be
subject to the requirements and procedures for congressional
review and disapproval under section 36 of the Arms Export
Control Act (22 U.S.C. 2776) for 2 years after the date on
which the Secretary of State receives the information described
in subsection (a).
(2) Termination.--
(A) In general.--With respect to such a letter or
application, the enhanced congressional oversight under
subsections (a) and paragraph (1) of this subsection
shall terminate on the date on which the Secretary of
State determines and so informs the appropriate
congressional committees that--
(i) the credible information described in
subsection (a)(2) is inaccurate; or
(ii) the activity has ceased, and the
government of the applicable country has taken
appropriate steps to ensure that such activity
does not recur, including appropriate
punishment for the person or persons involved
in such activity.
(B) Information supporting determination.--The
Secretary of State shall submit to the appropriate
congressional committees all information forming the
basis for a determination under subparagraph (A). The
determination shall, to the fullest extent possible, be
unclassified, but may include a classified annex.
(d) Modification of Prior Notification of Shipment of Arms.--
Section 36(i) of the Arms Export Control Act (22 U.S.C. 2776(i)) is
amended by striking ``subject to the requirements of subsection (b) at
the joint request of the Chairman and Ranking Member'' and inserting
``subject to the requirements of this section at the request of the
Chairman or Ranking Member''.
SEC. 7. LIMITATION ON SALES TO SECURITY FORCES INVOLVED IN GROSS
VIOLATION OF HUMAN RIGHTS.
Section 620M(a) of the Foreign Assistance Act of 1961 (23 U.S.C.
2378d(a)) is amended by striking ``No assistance'' and all that follows
through ``Arms Export Control Act'' and inserting ``No assistance,
including the sale of defense articles or defense services, shall be
furnished under this Act, the Arms Export Control Act, or any other
provision of law controlling the export or transfer of such articles
and services''.
SEC. 8. END-USE MONITORING OF MISUSE OF ARMS IN HUMAN RIGHTS ABUSES.
(a) End-Use Monitoring.--Section 40A(a)(2)(B) of the Arms Export
Control Act (22 U.S.C. 2785) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) such articles and services are not
being used to violate international
humanitarian law or internationally recognized
human rights.''.
(b) Report.--The Secretary shall report to the appropriate
congressional committees on the measures that will be taken, including
any additional resources needed, to conduct an effective end-use
monitoring program to fulfill the requirement of clause (iii) of
section 40A(a)(2)(B) of the Arms Export Control Act, as added by
subsection (a)(3).
SEC. 9. HUMAN RIGHTS ELEMENTS IN AUXILIARY REPORTS.
Section 36(b)(1) of the Arms Export Control Act (22 U.S.C.
2776(b)(1)) is amended--
(1) in subparagraph (O), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (P), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(Q) 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 rights, and a
description of any measures to be taken by the
recipient government or by the United States to prevent
and monitor any such use.''.
SEC. 10. REQUIREMENT FOR CERTAIN WEAPONS TO BE SUBJECT TO CONDITIONS
AND END-USE MONITORING AS FOREIGN MILITARY SALES.
Beginning on the date that is 180 days after the date of the
enactment of this Act, the following defense articles may be sold,
exported, or transferred only pursuant to section 36(b) of the Arms
Export Control Act (22 U.S.C. 2776(b)):
(1) Rockets, space launch vehicles, missiles, bombs
(including equipment to enable precision guidance), torpedoes,
depth charges, mines, and grenades.
(2) Armored combat ground vehicles, 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 targets, excluding any
unarmed ground vehicles, regardless of origin or designation,
manufactured prior to 1956 and unmodified since 1955.
(3) Aircraft, whether manned, unmanned, remotely piloted,
or optionally piloted, as follows:
(A) Bombers.
(B) Fighters, fighter/bombers, and fixed-wing
attack aircraft.
(C) Turbofan- or turbojet-powered trainers used to
train pilots for fighter, attack, or bomber aircraft.
(D) Attack helicopters.
(E) Unmanned aerial vehicles (UAVs) specially
designed to incorporate a defense article.
(F) Aircraft specially designed to incorporate a
defense article for the purpose of performing an
intelligence, surveillance, and reconnaissance
function.
(G) Aircraft specially designed to incorporate a
defense article for the purpose of performing an
electronic warfare function, airborne warning and
control aircraft, or aircraft specially designed to
incorporate a defense article for the purpose of
performing a command, control, and communications
function.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The terms ``defense article'' and ``defense service''
have the same meanings given the terms in section 47 of the
Arms Export Control Act (22 U.S.C. 2794).
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