S.Amdt. 2359

SA 2359. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12_. ENHANCEMENT OF CONSIDERATION OF HUMAN RIGHTS IN
ARMS EXPORTS.

(a) Enhanced Congressional Oversight.--
(1) In general.--Any letter of offer to sell, or an
application by a person for a license to export, defense
articles or defense services controlled for export,
regardless of monetary value, shall be subject to the
requirements and procedures of section 36 of the Arms Export
Control Act (22 U.S.C. 2776) relating to review and
disapproval 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 transferred,
that--
(A) the government of the country--
(i) during the prior two-year period, has been subject to a
coup; or
(ii) during the prior two-year period--

(I) has engaged in torture or ethnic cleansing of
civilians; or
(II) has recruited and used child soldiers; or

(iii) during the preceding one-year period, has not
prosecuted extrajudicial killings carried out by a military
or security force (including paramilitary forces) of the
country in accordance with a credible judicial legal process;
or
(B) the country is a Tier 3 or Tier 2 Watch List Country
pursuant to the Trafficking in Persons report submitted under
section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)).
(2) Notice to congress.--The Secretary of State shall
provide to the appropriate committees of Congress notice of
any credible information described in paragraph (1).
(3) Duration.--
(A) In general.--With respect to a letter of offer to sell
or an application for a license to export described in
paragraph (1), the letter or application shall be subject to
the requirements and procedures of section 36 of the Arms
Export Control Act (22 U.S.C. 2776) referred to in that
paragraph for not less than two years after the date on which
the Secretary of State receives the information described in
subparagraph (A) or (B) of that paragraph.
(B) Termination.--With respect to such letter or
application, the enhanced congressional oversight under
paragraphs (1) and (2) shall terminate on the date on which
the Secretary of State determines and informs the appropriate
committees of Congress that--
(i) the credible information described in subparagraph (A)
or (B) of paragraph (1) has been determined to be inaccurate;
(ii) in the case of an activity described in clause (ii) or
(iii) of paragraph (1)(A), the activity has ceased and the
government of the applicable country has taken appropriate
steps to ensure that such activity does not recur; or
(iii) in the case of an activity described in paragraph
(1)(A)(i), a democratically elected government has taken
office.
(b) Limitation on Sales to Security Forces Involved in
Extrajudicial Killings.--
(1) In general.--No license for export shall be issued or a
letter of offer for sale concluded for any defense article or
defense service controlled for export to be provided to any
unit or person involved in an extrajudicial killing until the
date on which such extrajudicial killing has been
investigated and adjudicated in accordance with a fair and
credible legal judicial process.

[[Page S3258]]

(2) Waiver.--
(A) In general.--The President may waive the limitation
under paragraph (1) with respect to any specific license or
letter of offer for sale if the President--
(i) makes a determination that such limitation would result
in significant harm to United States national security
interests; and
(ii) provides notice of, and justification for, such
determination to the appropriate committees of Congress.
(B) Effective date.--A waiver under subparagraph (A) shall
not be effective before the date that is 30 days after the
date on which the President provides notice under clause (ii)
of that subparagraph.
(c) End Use Monitoring of Misuse of Arms in Human Rights
Abuses.--In chapter 3A of the Arms Export Control Act (22
U.S.C. 2785), section 40A(a)(2)(B) is amended--
(1) in clause (i), by striking ``and'' at the end;
(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,
including the intentional or reckless use against civilians,
in the commission of violations of internationally recognized
human rights.''.
(d) 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'' at the end;
(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 whether such defense articles or
defense services are at risk of being used, including the
intentional or reckless use against civilians, in the
commission of internationally recognized human rights
violations, and a description of any measures to be taken by
the recipient country or by the United States to guard
against and monitor any such use.''.
(e) Support for Legitimate Internal Security Needs.--
Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is
amended, in the first sentence, by inserting ``legitimate''
before ``internal security''.
(f) Misuse of Arms Sales for Human Rights Abuses.--Section
3 of the Arms Export Control Act (22 U.S.C. 2753) is amended
in subsection (a)--
(1) in paragraph (1)--
(A) by striking ``and promote'' and inserting ``,
promote''; and
(B) by inserting before the semicolon ``, and is unlikely
to contribute to human rights abuses'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph (4):
``(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''.
(g) Consideration of Human Rights and Democratization in
Arms Sales Exports.--In considering an arms sale to a
recipient, the Secretary of State shall--
(1) take into consideration the human rights and
democratization record of the recipient; and
(2) ensure that the views and expertise of the Bureau of
Democracy, Human Rights, and Labor of the Department of State
are fully used in such consideration.
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