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. CON-
AWAY, 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. JOR-
DAN, Mr. MULVANEY, Mr. MCKINLEY, Mr. WILSON of South Carolina, 
Mr. GARDNER, Mr. NUGENT, Mr. AUSTIN SCOTT of Georgia, Mr. SALM-
ON, Mr. FLORES, Mr. WITTMAN, Mr. LATTA, Mrs. ELLMERS, Ms. JEN-
KINS, Mr. MEADOWS, Mr. SOUTHERLAND, Mrs. BACHMANN, Mr. WHIT-
FIELD, Mr. BROOKS of Alabama, Mr. BENISHEK, Mr. PEARCE, Mr. 
BUCSHON, Mr. BRIDENSTINE, Mr. CALVERT, Mr. SHIMKUS, Mr. COT-
TON, 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. HOLD-
ING, Mr. KING of Iowa, and Mr. HUNTER) submitted the following con-
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•HCON 23 IH 
of firearms and related materials, and thus risks infring-
ing 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 dan-
gerous 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 cri-
teria 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 com-
mitments 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 ad-
minister and assist in the implementation of the Arms 
Trade Treaty risks the delegation of authority to a bu-
reaucracy that is not accountable to the people of the 
United States; 
Whereas the Arms Trade Treaty urges the provision of ca-
pacity building assistance from signatory nations to im-
plement the Arms Trade Treaty, which could create a 
source of permanent funding to a new international orga-
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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 regu-
latory burdens on United States businesses, for example, 
by creating onerous reporting requirements that could 
damage the domestic defense manufacturing base and re-
lated 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 Constitu-
tion; 
Whereas an Arms Trade Treaty that has merely been signed 
by the President but has not received the advice and con-
sent of the Senate should not bind the United States in 
any respect, including any obligation to refrain from de-
feating 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 con-
sent 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 domes-
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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 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of Congress that— 
(1) the President should not sign the Arms 
Trade Treaty, and that, if he transmits the treaty 
with his signature to the Senate, the Senate should 
not ratify the Arms Trade Treaty; and 
(2) until the Arms Trade Treaty has been 
signed by the President, received the advice and con-
sent of the Senate, and has been the subject of im-
plementing legislation by the Congress, no Federal 
funds should be appropriated or authorized to imple-
ment the Arms Trade Treaty, or any similar agree-
ment, or to conduct activities relevant to the Arms 
Trade Treaty, or any similar agreement. 
Æ 
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