IV 

113TH CONGRESS 

1ST SESSION H. CON. RES. 23 

Expressing the sense of Congress regarding the conditions for the United 

States becoming a signatory to the United Nations Arms Trade Treaty, 

or to any similar agreement on the arms trade. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2013 

Mr. KELLY (for himself, Mr. WESTMORELAND, Mr. GRAVES of Missouri, Mr. 

GRIFFITH of Virginia, Mr. DUNCAN of South Carolina, Mr. BROUN of 

Georgia, Mr. MARINO, Mr. CARTER, Mr. HUELSKAMP, Mr. HULTGREN, 

Mrs. HARTZLER, Mr. MICHAUD, Mr. LAMBORN, Mr. RAHALL, Mr. 

THOMPSON of Pennsylvania, Mr. GRIFFIN of Arkansas, Mr. JONES, Mr. 

DUNCAN of Tennessee, Mr. YOUNG of Alaska, Mr. BISHOP of Utah, Mr. 

GOSAR, Mr. REED, Mr. BARLETTA, Mr. LUETKEMEYER, Mr. PITTENGER, 

Mr. OLSON, Mr. SMITH of Nebraska, Mr. HUIZENGA of Michigan, Mr. 

MILLER of Florida, Mr. BARTON, Mr. STIVERS, Mr. JOHNSON of Ohio, 

Mr. GINGREY of Georgia, Mr. POMPEO, Mr. SCHWEIKERT, Mr. CONAWAY, Mr. BURGESS, Mr. FLEISCHMANN, Mr. WEBER of Texas, Mr. 

ROGERS of Alabama, Mr. NUNNELEE, Mr. HARRIS, Mr. MULLIN, Mr. 

YODER, Mr. ROE of Tennessee, Mr. STOCKMAN, Mr. FRANKS of Arizona, 

Mr. TIBERI, Mr. PERRY, Mrs. CAPITO, Mr. THORNBERRY, Mr. BRADY

of Texas, Mr. MARCHANT, Mrs. BLACKBURN, Mr. FLEMING, Mr. POSEY, 

Mr. CULBERSON, Mr. LAMALFA, Mr. CHABOT, Mr. STEWART, Mr. JORDAN, Mr. MULVANEY, Mr. MCKINLEY, Mr. WILSON of South Carolina, 

Mr. GARDNER, Mr. NUGENT, Mr. AUSTIN SCOTT of Georgia, Mr. SALMON, Mr. FLORES, Mr. WITTMAN, Mr. LATTA, Mrs. ELLMERS, Ms. JENKINS, Mr. MEADOWS, Mr. SOUTHERLAND, Mrs. BACHMANN, Mr. WHITFIELD, Mr. BROOKS of Alabama, Mr. BENISHEK, Mr. PEARCE, Mr. 

BUCSHON, Mr. BRIDENSTINE, Mr. CALVERT, Mr. SHIMKUS, Mr. COTTON, Mr. DAINES, Mr. GOHMERT, Mr. ROSS, Mr. AMODEI, Mr. KLINE, 

Mr. BILIRAKIS, Mr. FORBES, Mr. BENTIVOLIO, Mr. WALBERG, Mr. 

FINCHER, Mr. BOUSTANY, Mr. CRAWFORD, Mr. PALAZZO, Mr. POE of 

Texas, Mr. SCALISE, Mr. DESJARLAIS, Mr. MCCAUL, Mr. GARRETT, Mr. 

WOMACK, Mr. YOHO, Mr. YOUNG of Florida, Mr. MESSER, Mr. RADEL, 

Mr. LANKFORD, Mr. STUTZMAN, Mr. WENSTRUP, Mr. MCCLINTOCK, 

Mrs. WAGNER, Mr. SESSIONS, Mr. FARENTHOLD, Mr. LONG, Mr. 

DESANTIS, Mr. NEUGEBAUER, Mr. ROTHFUS, Mrs. NOEM, Mr. HOLDING, Mr. KING of Iowa, and Mr. HUNTER) submitted the following conVerDate Mar 14 2013 20:50 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\HC23.IH HC23

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•HCON 23 IH 

current resolution; which was referred to the Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Expressing the sense of Congress regarding the conditions 

for the United States becoming a signatory to the United 

Nations Arms Trade Treaty, or to any similar agreement 

on the arms trade. 

Whereas in October 2009, the United States voted in the 

United Nations General Assembly to participate in the 

negotiation of the United Nations Arms Trade Treaty; 

Whereas in July 2012, the United Nations Conference on the 

Arms Trade Treaty convened to negotiate the text of the 

Arms Trade Treaty; 

Whereas in December 2012, the United Nations General Assembly voted to hold a final negotiating conference on the 

Arms Trade Treaty in March 2013, on the basis of the 

text of July 2012; 

Whereas the Arms Trade Treaty poses significant risks to the 

national security, foreign policy, and economic interests 

of the United States as well as to the constitutional 

rights of United States citizens and United States sovereignty; 

Whereas the Arms Trade Treaty fails to expressly recognize 

the fundamental, individual right to keep and to bear 

arms and the individual right of personal self-defense, as 

well as the legitimacy of hunting, sports shooting, and 

other lawful activities pertaining to the private ownership 


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•HCON 23 IH 

of firearms and related materials, and thus risks infringing on freedoms protected by the Second Amendment; 

Whereas the Arms Trade Treaty places free democracies and 

totalitarian regimes on a basis of equality, recognizing 

their equal right to transfer arms, and is thereby dangerous to the security of the United States; 

Whereas the Arms Trade Treaty’s criteria for assessing the 

potential consequences of arms transfers are vague, easily 

politicized, and readily manipulated; 

Whereas the Arms Trade Treaty’s model for using these criteria is incompatible with the decisionmaking model for 

arms transfers employed by the United States under 

Presidential Decision Directive 34, which dates from 

1995; 

Whereas the Arms Trade Treaty will create opportunities to 

engage in ‘‘lawfare’’ against the United States via the 

misuse of the treaty’s criteria in foreign tribunals and 

international fora; 

Whereas the Arms Trade Treaty could hinder the United 

States from fulfilling its strategic, legal, and moral commitments to provide arms to allies such as the Republic 

of China (Taiwan) and the State of Israel; 

Whereas the creation of an international secretariat to administer and assist in the implementation of the Arms 

Trade Treaty risks the delegation of authority to a bureaucracy that is not accountable to the people of the 

United States; 

Whereas the Arms Trade Treaty urges the provision of capacity building assistance from signatory nations to implement the Arms Trade Treaty, which could create a 

source of permanent funding to a new international orgaVerDate Mar 14 2013 20:50 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC23.IH HC23

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•HCON 23 IH 

nization that would be susceptible to waste, fraud, and 

abuse; 

Whereas the Arms Trade Treaty risks imposing costly regulatory burdens on United States businesses, for example, 

by creating onerous reporting requirements that could 

damage the domestic defense manufacturing base and related firms; 

Whereas an Arms Trade Treaty that has not been signed by 

the President and received the advice and consent of the 

Senate should not bind the United States in any respect 

as customary international law, jus cogens, or any other 

principle of international law that bypasses the treaty 

power in article II, section 2, clause 2 of the Constitution; 

Whereas an Arms Trade Treaty that has merely been signed 

by the President but has not received the advice and consent of the Senate should not bind the United States in 

any respect, including any obligation to refrain from defeating the object and purpose of the Arms Trade Treaty, 

under any provision of the Vienna Convention on the 

Law of Treaties, to which the United States is not a 

party; 

Whereas an Arms Trade Treaty that has merely been signed 

by the President but has not received the advice and consent of the Senate should not bind the United States in 

any respect, as an international agreement other than a 

treaty, as a sole executive agreement, or in any other 

way; and 

Whereas an Arms Trade Treaty that has been signed by the 

President and has received the advice and consent of the 

Senate, is a non-self-executing treaty that has no domesVerDate Mar 14 2013 20:50 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC23.IH HC23

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•HCON 23 IH 

tic legal effect within the United States, unless and until 

it has been adopted by the enactment of implementing 

legislation by the Congress: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) the President should not sign the Arms 

4 Trade Treaty, and that, if he transmits the treaty 

5 with his signature to the Senate, the Senate should 

6 not ratify the Arms Trade Treaty; and 

7 (2) until the Arms Trade Treaty has been 

8 signed by the President, received the advice and con9 sent of the Senate, and has been the subject of im10 plementing legislation by the Congress, no Federal 

11 funds should be appropriated or authorized to imple12 ment the Arms Trade Treaty, or any similar agree13 ment, or to conduct activities relevant to the Arms 

14 Trade Treaty, or any similar agreement. 

Æ 


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