To hold war crimes suspects and Nazi war criminals accountable by encouraging foreign governments to more efficiently prosecute, extradite, deport, or accept for deportation such war crimes suspects and Nazi war criminals, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``War Crimes Accountability Act of 
2012''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should actively encourage prosecution 
        of war crimes suspects and Nazi war criminals;
            (2) the Simon Wiesenthal Center should be commended for its 
        historic work in bringing to light the atrocities of the 
        Holocaust and in advancing justice for Nazi war criminals 
        through Operation: Last Chance;
            (3) the pursuit and prosecution of war crimes suspects and 
        Nazi war criminals--from the crimes of the Nazi era to the most 
        recent conflicts in Sudan--is critical to maintenance of the 
        rule of law globally; and
            (4) pursuit of war crimes suspects includes enforcement of 
        an arrest warrant issued by an international tribunal against 
        war crimes suspects indicted by such international tribunal, 
        including war crimes suspects visiting a foreign country.

SEC. 3. IDENTIFICATION OF COUNTRIES FAILING TO COOPERATE SATISFACTORILY 
              WITH RELEVANT JURISDICTIONS IN EXTRADITING OR DEPORTING 
              WAR CRIMES SUSPECTS OR NAZI WAR CRIMINALS.

    (a) Report.--The President shall submit to Congress for each of 
fiscal years 2013 through 2017 a report that identifies each country 
that is failing to--
            (1) cooperate satisfactorily with relevant jurisdictions in 
        extraditing or deporting war crimes suspects or Nazi war 
        criminals to the jurisdiction in which such war crimes suspects 
        or Nazi war criminals, as the case may be, have been indicted 
        or convicted;
            (2) enforce arrest warrants issued by an international 
        tribunal against war crimes suspects indicted by such 
        international tribunal, including war crimes suspects visiting 
        a foreign country;
            (3) accept Nazi war criminals deported from the United 
        States; or
            (4) effectively prosecute war crimes suspects or Nazi war 
        criminals within such country's jurisdiction, including Nazi 
        war criminals who resided in the United States and were 
        deported from or extradited by the United States or left the 
        United States voluntarily.
    (b) Matters To Be Included.--Each such report shall include 
detailed information regarding the war crimes suspects and Nazi war 
criminals described in subsection (a).
    (c) Form.--Each such report, and the identification of each country 
in such report, shall be submitted in an unclassified form, but may 
contain a classified annex if necessary.

SEC. 4. PROHIBITION ON GOVERNMENT-TO-GOVERNMENT SALES OF DEFENSE 
              ARTICLES UNDER THE ARMS EXPORT CONTROL ACT TO COUNTRIES 
              IDENTIFIED UNDER SECTION 3.

    (a) Prohibition.--For each country identified in the report under 
section 3 for a fiscal year, the President may not issue a letter of 
offer to sell defense articles under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) for $7,000,000 or more to such country for the 
subsequent fiscal year pursuant to section 36(b) of such Act (22 U.S.C. 
2776(b)).
    (b) Waiver.--The President may waive the prohibition in subsection 
(a) for any fiscal year in which a letter of offer may be issued by the 
United States Government if the President determines and certifies to 
Congress that it is in the national security interest of the United 
States to do so.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Nazi war criminal.--The term ``Nazi war criminal'' 
        means any person accused of or indicted for ordering, inciting, 
        assisting, or otherwise participating in the persecution of any 
        person because of race, religion, national origin, or political 
        opinion during the period beginning on March 23, 1933, and 
        ending on May 8, 1945, under the direction of, or in 
        association with--
                    (A) the Nazi government of Germany;
                    (B) any government in any area occupied by the 
                military forces of the Nazi government of Germany;
                    (C) any government established with the assistance 
                or cooperation of the Nazi government of Germany; or
                    (D) any government which was an ally of the Nazi 
                government of Germany.
            (2) War crimes suspect.--The term ``war crimes suspect'' 
        means any person accused by an international tribunal of 
        planning, ordering, assisting, aiding and abetting, committing, 
        or otherwise participating in, including through command 
        responsibility, war crimes, crimes against humanity, genocide 
        or other serious violations of human rights, or who attempted 
        or conspired to do so.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the date that is 90 days after the 
date of the enactment of this Act.

Summary: War Crimes Accountability Act of 2012 - Directs the President to submit a report to Congress for each of FY2013-FY2017 that identifies each country that is failing to: (1) cooperate with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals to the appropriate jurisdiction. (2) enforce arrest warrants issued by an international tribunal against war crimes suspects, (3) accept Nazi war criminals deported from the United States. Or (4) effectively prosecute war crimes suspects or Nazi war criminals within such country's jurisdiction, including Nazi war criminals who resided in the United States and were deported from or extradited by the United States or left the United States voluntarily. Prohibits the President from issuing a letter of offer to sell defense articles under the Arms Export Control Act for $7 million or more to a country so identified. Authorizes the President to waive such prohibition if in the US national security interest.