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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4739 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4739

 To amend the Arms Export Control Act to provide for better monitoring 
and verification of the use of defense articles and defense services by 
             countries of concern, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2020

  Mrs. Murray introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
 To amend the Arms Export Control Act to provide for better monitoring 
and verification of the use of defense articles and defense services by 
             countries of concern, and for other purposes.

    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 ``Values in Arms Export Act of 2020''.

SEC. 2. MONITORING AND VERIFICATION OF USE OF DEFENSE ARTICLES AND 
              DEFENSE SERVICES.

    Chapter 3A of the Arms Export Control Act (22 U.S.C. 2785) is 
amended--
            (1) by redesignating the second section designated section 
        40A as section 40B; and
            (2) by inserting after section 40B, as so redesignated, the 
        following new section:

``SEC. 40C. MONITORING AND VERIFICATION OF USE OF DEFENSE ARTICLES AND 
              DEFENSE SERVICES.

    ``(a) Principles.--
            ``(1) Statement of policy.--It is the policy of the United 
        States that a country's respect for and compliance with 
        internationally recognized principles of human rights and the 
        law of war are central and deciding factors in determining the 
        eligibility of the country to purchase defense articles or 
        defense services under this Act.
            ``(2) Examples of inconsistent actions and behaviors.--
        Actions or behavior by a country inconsistent with the 
        principles described in paragraph (1) include the following:
                    ``(A) Gross violations of internationally 
                recognized human rights (as defined in section 502B(d) 
                of the Foreign Assistance Act of 1961 (22 U.S.C. 
                2304(d))).
                    ``(B) Failure to adhere to standards of 
                proportionality and discrimination.
                    ``(C) Patterns or egregious incidents of 
                destruction or damage of medical facilities or other 
                civilian infrastructure.
                    ``(D) Patterns or egregious incidents of harming or 
                disregard for the safety of medical personnel, aid 
                workers, peacekeepers, or journalists.
                    ``(E) Patterns or egregious incidents of harming or 
                disregard for the safety of civilians.
                    ``(F) The denial of humanitarian relief resulting 
                in serious harm to civilian populations.
                    ``(G) Gross or systemic corruption, lack of 
                transparency, or lack of accountability in the 
                government or among security forces.
            ``(3) Reporting of inconsistent actions and behaviors.--
                    ``(A) Reports by officers or employees of united 
                states.--Any officer or employee of the United States 
                Government stationed in a country with knowledge of 
                action or behavior by that country that is inconsistent 
                with the principles described in paragraph (1) shall 
                report the action or behavior to the chief of mission 
                (as defined in section 102 of the Foreign Service Act 
                of 1980 (22 U.S.C. 3902)) for that country.
                    ``(B) Reporting to secretary of state.--A chief of 
                mission that receives a report under subparagraph (A) 
                with respect to an action or behavior shall promptly 
                report the action or behavior to the Secretary of 
                State.
                    ``(C) Reporting to congress.--Not later than seven 
                days after the Secretary receives a report under 
                subparagraph (B) with respect to an action or behavior, 
                the Secretary shall submit to Congress a report on the 
                action or behavior. The report shall be submitted in 
                unclassified form, but may include a classified annex 
                if necessary. The report shall include at a minimum the 
                following information:
                            ``(i) The title or subject of each report.
                            ``(ii) A description of significant 
                        problems, abuses, and deficiencies related to 
                        the inconsistent actions and behaviors of the 
                        country in question.
                            ``(iii) A description of the evidence or 
                        information used to form the basis for the 
                        report.
            ``(4) Intelligence community reporting.--The Director of 
        National Intelligence may specify additional reporting 
        procedures for officers or employees who are members of the 
        intelligence community. Such procedures shall encompass 
        reporting and analysis of information relevant to the 
        principles described in this subsection but which may be 
        insufficiently verified or not of sufficient severity for 
        reporting under paragraph (3).
            ``(5) Inclusion in intelligence priorities.--The Director 
        of National Intelligence shall ensure that collection and 
        analysis of information related to the principles described in 
        this subsection is included in each National Intelligence 
        Priorities Framework, or any successor directive.
    ``(b) Monitoring and Verification Program.--
            ``(1) In general.--The Secretary of Defense shall carry out 
        a program of monitoring and verification of the use of defense 
        articles and defense services acquired under this Act by 
        countries of concern.
            ``(2) Elements.--The program established under this 
        subsection shall include the following elements:
                    ``(A) The observation and evaluation by members of 
                the United States Armed Forces of the targeting process 
                used by the country of concern, the employment of the 
                acquired defense articles by the country of concern, 
                the return of any unused defense articles, and the 
                post-use assessment of damage and casualties.
                    ``(B) Employment by the Secretary of Defense of 
                direct observation, real-time video feeds, other real-
                time sensory data and collection methods, and other 
                appropriate sources of information that can be 
                independently authenticated by the United States 
                Government, as opposed to reports or other nonobjective 
                media created or provided by a country of concern, 
                which are not appropriate sources of information.
            ``(3) Availability and use of information.--
                    ``(A) In general.--The Secretary of Defense shall 
                make available to the Secretary of State, the 
                appropriate congressional committees, and the Human 
                Rights and Law of War Oversight Board established under 
                section 4 of the Values in Arms Export Act of 2020 all 
                information collected or evaluated as part of the 
                program established under this subsection.
                    ``(B) Appropriate congressional committees 
                defined.--In this paragraph, the term `appropriate 
                congressional committees' means--
                            ``(i) the Committee on Foreign Relations, 
                        the Committee on Armed Services, and the 
                        Committee on Appropriations of the Senate; and
                            ``(ii) the Committee on Foreign Affairs, 
                        the Committee on Armed Services, and the 
                        Committee on Appropriations of the House of 
                        Representatives.
            ``(4) Separate budgetary line item.--The Secretary of 
        Defense shall include in the budget justification materials 
        submitted to Congress in support of the Department of Defense 
        budget for each fiscal year (as submitted with the budget of 
        the President under section 1105(a) of title 31, United States 
        Code) specific identification, as a budgetary line item, of the 
        amounts required for the program established under this 
        subsection.
            ``(5) Funding.--Funding to carry out the requirements of 
        this section shall be derived from amounts collected under 
        section 21. The President shall ensure such charges pursuant to 
        such section are sufficient to fully meet all requirements of 
        this section without cost to the United States.
    ``(c) Evaluation by the Secretary of State.--
            ``(1) Consideration of information.--The Secretary of 
        State--
                    ``(A) shall consistently review all relevant 
                information related to a country of concern to 
                determine to whether the country has engaged in any 
                action or behavior inconsistent with the principles 
                described in subsection (a)(1), including--
                            ``(i) information gathered through the 
                        program established under subsection (b);
                            ``(ii) information from any agency of the 
                        United States Government, including reports 
                        under subsection (a)(3);
                            ``(iii) information referred by Members of 
                        Congress; and
                            ``(iv) credible reports or information 
                        gathered by members of the media, 
                        nongovernmental organizations, foreign 
                        countries, international organizations, or 
                        academic experts; and
                    ``(B) may consider exculpatory information 
                proffered by the country if--
                            ``(i) the information can be independently 
                        authenticated by the United States;
                            ``(ii) the country provides access to all 
                        information in its possession about alleged 
                        incidents of the use of security forces of the 
                        country in a manner that is inconsistent with 
                        the principles described in subsection (a)(1); 
                        and
                            ``(iii) there is no evidence that the 
                        country has attempted to obstruct 
                        investigations by independent parties.
            ``(2) Determinations required.--In each case in which a 
        country of concern may have engaged in an action or behavior 
        inconsistent with the principles described in subsection 
        (a)(1), the Secretary of State, based on United States 
        standards and policy for the conduct of the United States Armed 
        Forces or international law, as applicable, shall make a 
        determination as to the legality and appropriateness of--
                    ``(A) the action or behavior; and
                    ``(B) the employment of defense articles or defense 
                services acquired under this Act in the action or 
                behavior.
    ``(d) Designation of Countries of Concern.--
            ``(1) Country of concern defined.--In this section, the 
        term `country of concern'--
                    ``(A) means--
                            ``(i) a country designated as a country of 
                        concern by the President, the Secretary of 
                        State, the Secretary of Defense, or the Human 
                        Rights and Law of War Oversight Board 
                        established under section 4 of the Values in 
                        Arms Export Act of 2020;
                            ``(ii) a country designated as a country of 
                        concern by law or by Congress through the 
                        adoption of a concurrent resolution; or
                            ``(iii) any country with respect to which 
                        the United States has determined that one or 
                        more units of the security forces of the 
                        country is ineligible for assistance pursuant 
                        to section 620M of the Foreign Assistance Act 
                        of 1961 (22 U.S.C. 2378d) or section 362 of 
                        title 10, United States Code, notwithstanding 
                        any waiver exercised under such sections; and
                    ``(B) does not include the North Atlantic Treaty 
                Organization, or any member country of such 
                Organization, Japan, Australia, the Republic of Korea, 
                Israel, or New Zealand.
            ``(2) Duration of designation.--The designation of a 
        country as a country of concern under paragraph (1)--
                    ``(A) shall remain in effect for a period of three 
                years; and
                    ``(B) may be renewed, before the previous 
                designation expires, in any manner in which a 
                designation may be made under paragraph (1).
            ``(3) Expedited procedures.--
                    ``(A) Consideration in senate.--Any bill, joint 
                resolution, or concurrent resolution designating a 
                country as a country of concern under paragraph 
                (1)(A)(ii) shall be considered in the Senate in 
                accordance with the provisions of section 601(b) of the 
                International Security Assistance and Arms Export 
                Control Act of 1976 (Public Law 94-329; 90 Stat. 765).
                    ``(B) Consideration in house of representatives.--
                For the purpose of expediting the consideration of 
                bills, joint resolutions, or concurrent resolutions 
                designating a country as a country of concern under 
                paragraph (1)(A)(ii), a motion to proceed to the 
                consideration of any such bill, joint resolution, or 
                concurrent resolution after it has been reported by the 
                appropriate committee shall be treated as highly 
                privileged in the House of Representatives.
    ``(e) Ineligibility for Sales and Transfers.--
            ``(1) In general.--A country shall be ineligible for sale 
        or transfer of defense articles (including spare parts for such 
        articles) or defense services, or the extension of credit 
        (including participation in the extension of credit) or loan 
        guarantees under this Act, for a 10-year period beginning on, 
        and shall immediately discontinue the use of, or return to the 
        United States, any covered defense articles in its possession 
        effective as of, the date--
                    ``(A) the country is designated a country of 
                concern under subsection (d) for the second time in a 
                10-year period;
                    ``(B) the Secretary of State, in consultation with 
                the Secretary of Defense, determines that the country, 
                at the end of the three-year designation period under 
                subsection (d)(2), has failed to demonstrate sufficient 
                improvement in adherence to the principles described in 
                subsection (a)(1); or
                    ``(C) during the three-year designation period 
                under subsection (d)(2), the country engages in an 
                action or behavior inconsistent with those principles.
            ``(2) Restoration of eligibility.--A country may qualify 
        for early termination of the 10-year ineligibility period under 
        paragraph (1)--
                    ``(A) if the Secretary of State determines and 
                reports to Congress that the government of the country 
                has taken meaningful steps to correct the deficiencies 
                upon which such ineligibility is based, which shall 
                include--
                            ``(i) enacting and enforcing new laws or 
                        policy;
                            ``(ii) substantial remedial training for 
                        government officials and members of the 
                        military or security forces;
                            ``(iii) in the case of organized armed 
                        groups that are not part of the formal chain of 
                        command for regular and irregular forces of the 
                        country, but that are controlled or supported 
                        by the country to any degree, taking actions to 
                        cease any support for or affiliation with those 
                        organizations or to cause them to cease 
                        participation in hostilities; and
                            ``(iv) fully investigating and holding 
                        accountable individuals at any level who were 
                        responsible for human rights and law of armed 
                        conflict violation; and
                    ``(B) upon the enactment of a joint resolution 
                approving such early termination of ineligibility.
            ``(3) Immediate limited ineligibility upon initial 
        designation.--A country shall be ineligible for sale or 
        transfer of a covered defense article under this Act for a 
        three-year period beginning on the date the country is 
        designated a country of concern.
            ``(4) Waiver for valid training.--
                    ``(A) In general.--The President may waive the 
                application of this subsection to International 
                Military Education and Training (IMET) assistance or 
                training provided by any United States Government 
                agency, and carried out by United States Government 
                personnel, relating to the law of armed conflict, human 
                rights, anticorruption, or similar issues.
                    ``(B) Limitation on scope of waiver.--In no case 
                may a waiver under subparagraph (A) extend to cover 
                operations that are part of any armed conflict or any 
                activity that would be subject to the War Powers 
                Resolution (50 U.S.C. 1541 et seq.).
            ``(5) Covered defense article defined.--In this subsection, 
        the term `covered defense article' means--
                    ``(A) any defense article in the same category of 
                the United States Munitions List as a defense article 
                determined to have been involved in the country's 
                designation as a country of concern; and
                    ``(B) any spare parts or services related to the 
                defense article determined to have been involved in the 
                country's designation as a country of concern.
    ``(f) Imposition of Sanctions With Respect to Government 
Officials.--
            ``(1) In general.--The Secretary of the Treasury shall 
        impose sanctions pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to 
        appropriate officials of the government of a country described 
        in subsection (e)(1). In imposing such sanctions, the Secretary 
        shall prioritize senior members of the government, or those in 
        significant leadership positions, who have authority over the 
        personnel or conduct involved in the country's designation as a 
        country of concern.
            ``(2) Waiver.--The President may waive the imposition of 
        sanctions under paragraph (1) with respect to an official 
        described in that paragraph if the President--
                    ``(A) determines that it is in the vital national 
                security interests of the United States to issue the 
                waiver; and
                    ``(B) submits to Congress a justification for the 
                waiver, including a comprehensive explanation for why 
                the official should receive the waiver.
            ``(3) Reports required.--Not later than one year after the 
        date of the enactment of this section, and annually thereafter, 
        the Secretary of the Treasury shall submit to Congress a report 
        on the imposition of sanctions under paragraph (1) that 
        includes--
                    ``(A) a description of any waivers issued under 
                paragraph (2); and
                    ``(B) an assessment of the effectiveness of the 
                sanctions in changing the action or behavior of each 
                country that resulted in ineligibility under subsection 
                (e).
    ``(g) Required Agreement Terms.--Any agreement for the sale of 
defense articles or defense services under this Act entered into after 
the date of the enactment of this section shall include terms requiring 
the country receiving such articles or services to agree to the 
requirements of this section and to permit and fully cooperate with any 
investigation by United States Government personnel into an action or 
behavior by the country that may be inconsistent with the principles 
described in subsection (a)(1). No such sale or transfer shall be 
permitted without inclusion of such requirements.
    ``(h) Reports Required.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, and every 180 days 
        thereafter, the Secretary of State shall submit to Congress a 
        report that includes--
                    ``(A) an assessment of whether each country of 
                concern has engaged in actions or behavior inconsistent 
                with the principles described in subsection (a)(1) 
                during the 180-day period preceding submission of the 
                report, including any progress in improving, or 
                worsening of, such actions or behavior of that country;
                    ``(B) an identification of each country of concern 
                for which, during the 180-day period following 
                submission of the report--
                            ``(i) the designation of the country as a 
                        country of concern will expire;
                            ``(ii) more than 10 years will have elapsed 
                        following the designation of the country as a 
                        country of concern; or
                            ``(iii) a 10-year ineligibility period 
                        under subsection (e) will expire;
                    ``(C) an assessment of any progress made during the 
                180-day period preceding submission of the report by a 
                country subject to a 10-year ineligibility period under 
                subsection (e) toward eligibility for early termination 
                of that period under paragraph (2) of that subsection;
                    ``(D) all reports submitted pursuant to subsection 
                (a)(3) during the 180-day period preceding submission 
                of the report;
                    ``(E) in coordination with the Secretary of 
                Defense, the findings of the program established under 
                subsection (b), including any instances in which a 
                country failed to fully comply with the program; and
                    ``(F) an identification of any country that has 
                failed to fully comply with investigations described in 
                subsection (g).
            ``(2) Form of report.--Each report required by paragraph 
        (1) shall be submitted in unclassified form to the maximum 
        extent possible, but may include a classified annex.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the use of military force or otherwise 
authorizing the President to introduce United States forces into 
hostilities that have not been specifically authorized by Congress 
pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.).''.

SEC. 3. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO 
              VIOLATE PRINCIPLES OF HUMAN RIGHTS OR THE LAW OF ARMED 
              CONFLICT.

    (a) Letters of Offer.--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 inserting after subparagraph (P) the following new 
        subparagraph:
                    ``(Q) an assessment of the risk of the defense 
                articles, defense services, or design and construction 
                services to be offered being used to violate principles 
                of human rights or the law of armed conflict, prepared 
                by the Secretary of State through the Assistant 
                Secretary for the Bureau of Democracy, Human Rights, 
                and Labor, in consultation with the Secretary of 
                Defense and the Director of Central Intelligence.''.
    (b) Export License Applications.--Section 36(c)(1) of the Arms 
Export Control Act (22 U.S.C. 2776(c)(1)) is amended--
            (1) by striking ``and (C)'' and inserting ``(C)''; and
            (2) by inserting after ``items to be exported'' the 
        following: ``, and (D) an assessment of the risk of the items 
        being used to violate principles of human rights or the law of 
        armed conflict, prepared by the Secretary of State through the 
        Assistant Secretary for the Bureau of Democracy, Human Rights, 
        and Labor, in consultation with the Secretary of Defense and 
        the Director of Central Intelligence''.

SEC. 4. HUMAN RIGHTS AND LAW OF WAR OVERSIGHT BOARD.

    (a) In General.--There is established as an independent agency 
within the executive branch a Human Rights and Law of War Oversight 
Board (referred to in this section as the ``Board'').
    (b) Purpose.--The Board shall--
            (1) analyze and review the actions and conduct of recipient 
        countries for strict adherence to the law of armed conflict and 
        human rights principles, and their continual efforts to improve 
        such adherence; and
            (2) ensure that human rights and law of armed conflict 
        concerns are appropriately considered in the negotiation, 
        approval, and execution of arms sales, including as required 
        under section 40C of the Arms Export Control Act, as added by 
        section 2 of this Act.
    (c) Functions.--
            (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    (A) review proposed legislation, regulations, and 
                policies related to international arms sales;
                    (B) advise the President and the departments, 
                agencies, and elements of the executive branch to 
                ensure that human rights and the law of armed conflict 
                are appropriately considered in the development and 
                implementation of such legislation, regulations, 
                policies, and guidelines;
                    (C) in providing advice on such proposals, consider 
                whether such proposals would--
                            (i) diminish to any degree the oversight by 
                        entities of the executive branch of the end use 
                        of United States-provided arms; or
                            (ii) lessen to any degree the centrality of 
                        compliance by recipient states with principles 
                        of human rights or the law of armed conflict as 
                        a core factor in decisions of whether to 
                        approve sales; and
                    (D) submit to Congress, the President, or the head 
                of any executive branch department, agency, or entity, 
                such recommendations for policy, regulation, or law 
                relevant to the purpose or functions of the Board that 
                the Board deems advisable.
            (2) Oversight.--The Board shall continually review--
                    (A) the regulations, policies, and procedures, and 
                the implementation of the regulations, policies, and 
                procedures, of the departments, agencies, and elements 
                of the executive branch relating to arms sales to 
                ensure that principles of human rights or the law of 
                armed conflict are a central focus and consideration at 
                each stage of the arms sales process, including end 
                use;
                    (B) whether entities of the executive branch are 
                adhering to such policies;
                    (C) other actions by the executive branch relating 
                to arms sales to determine whether such actions--
                            (i) diminish to any degree the oversight by 
                        entities of the executive branch of the end use 
                        of United States-provided arms; or
                            (ii) lessen to any degree the centrality of 
                        compliance by recipient states with principles 
                        of human rights or the law of armed conflict as 
                        a core factor in decisions of whether to 
                        approve sales; and
                    (D) the adherence of recipient states to human 
                rights principles and the law of armed conflict, the 
                extent to which United States-provided weapons are 
                being used or could be used in contravention of those 
                principles and laws, and whether recipient states are 
                working to improve their adherence to the maximum 
                extent of their capabilities.
            (3) Testimony.--The members of the Board shall appear and 
        testify before Congress upon request.
            (4) Assessments.--The Board shall submit to Congress, at 
        the time of any notification under subsection (b) or (c) of 
        section 36 of the Arms Export Control Act (22 U.S.C. 2776), the 
        assessment of the Board, along with any minority views, of the 
        appropriateness of the proposed sale based on the recipient 
        state's adherence to principles of human rights and the law of 
        armed conflict.
    (d) Designations.--
            (1) In general.--The Board may in its sole discretion, by a 
        majority vote of the Members, designate a country as a country 
        of concern under section 40C(d)(1)(A)(i) of the Arms Export 
        Control Act, as added by section 2 of this Act. Not later than 
        the time of the designation, the Board shall transmit to the 
        Senate, the House of Representatives, and the President the 
        Board's determination supporting such designation, along with 
        any minority views. The determination shall be in unclassified 
        form to the maximum extent possible, but may include a 
        classified annex as necessary.
            (2) Reversal.--The President may vacate a designation by 
        the Board under paragraph (1). In exercising this authority, 
        the President shall submit to the Board, the Senate, and the 
        House of Representatives a detailed justification for the 
        action. This authority may not be delegated.
    (e) Reports.--
            (1) In general.--The Board shall periodically, but not less 
        frequently than annually, submit to the Senate, the House of 
        Representatives, and the President a report on the activities 
        of the Board.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A description of the major activities of the 
                Board during the preceding period.
                    (B) Information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (c).
                    (C) The minority views on any findings, 
                conclusions, and recommendations of the Board resulting 
                from its advice and oversight functions under 
                subsection (c).
                    (D) A summary of each proposal reviewed by the 
                Board under subsection (c)(1) that--
                            (i) the Board advised against 
                        implementation or advised significant 
                        modifications of; and
                            (ii) notwithstanding such advice, actions 
                        were taken to implement.
                    (E) For the preceding period, a description of any 
                requests submitted under subsection (g)(1)(C) for the 
                issuance of subpoenas that were modified or denied by 
                the Attorney General.
            (3) Form.--The report required under this subsection shall 
        be submitted in unclassified form to the greatest extent 
        possible, but may include a classified annex as necessary.
    (f) Informing the Public.--The Board--
            (1) shall make its reports, including its reports to 
        Congress, available to the public to the greatest extent that 
        is consistent with the protection of classified information and 
        applicable law; and
            (2) shall hold public hearings and otherwise inform the 
        public of its activities, as appropriate and in a manner 
        consistent with the protection of classified information and 
        applicable law, but may, notwithstanding section 552b of title 
        5, United States Code, meet or otherwise communicate in any 
        number to confer or deliberate in a manner that is closed to 
        the public.
    (g) Access to Information.--
            (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board is authorized to--
                    (A) have access from any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee of any such department, agency, or element, 
                to all relevant records, reports, audits, reviews, 
                documents, papers, recommendations, or other relevant 
                material, including classified information consistent 
                with applicable law;
                    (B) interview, take statements from, or take public 
                testimony from personnel of any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee of any such department, agency, or element;
                    (C) at the direction of a majority of the members 
                of the Board, submit a written request to the Attorney 
                General that the Attorney General require, by subpoena, 
                persons (other than departments, agencies, and elements 
                of the executive branch) to produce any relevant 
                information, documents, reports, answers, records, 
                accounts, papers, and other documentary or testimonial 
                evidence; and
                    (D) conduct travel or site visits.
            (2) Assistance.--The Secretary of State, the Secretary of 
        Defense, and any other head of a department, agency, or entity 
        shall provide to the Board any necessary assistance to 
        facilitate activities set forth under paragraph (1).
            (3) Review of subpoena request.--
                    (A) In general.--Not later than 30 days after the 
                date of receipt of a request by the Board under 
                paragraph (1)(C), the Attorney General shall--
                            (i) issue the subpoena as requested; or
                            (ii) provide the Board, in writing, with an 
                        explanation of the grounds on which the 
                        subpoena request has been modified or denied.
                    (B) Notification.--If a subpoena request is 
                modified or denied under subparagraph (A)(ii), the 
                Attorney General shall, not later than 5 days after the 
                date of that modification or denial, notify the Senate 
                and the House of Representatives.
            (4) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued pursuant to paragraph (1)(C), 
        the United States district court for the judicial district in 
        which the subpoenaed person resides, is served, or may be found 
        may issue an order requiring such person to produce the 
        evidence required by such subpoena.
            (5) Agency cooperation.--Whenever information or assistance 
        requested under subparagraph (A) or (B) of paragraph (1) is, in 
        the judgment of the Board, unreasonably refused or not 
        provided, the Board shall report the circumstances to the head 
        of the department, agency, or element concerned without delay. 
        The head of the department, agency, or element concerned shall 
        ensure that the Board is given access to the information, 
        assistance, material, or personnel the Board determines to be 
        necessary to carry out its functions.
            (6) Access.--Nothing in this section shall be construed to 
        authorize the Board, or any agent thereof, to gain access to 
        information regarding an activity covered by section 503(a) of 
        the National Security Act of 1947 (50 U.S.C. 3093(a)).
    (h) Membership.--
            (1) Members.--The Board shall be composed of a full-time 
        chairman and four additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            (2) Qualifications.--
                    (A) In general.--Members of the Board shall be 
                selected solely on the basis of their professional 
                qualifications, achievements, public stature, expertise 
                in human rights and the law of armed conflict, and 
                relevant experience, and without regard to political 
                affiliation, but in no event shall more than three 
                members of the Board be members of the same political 
                party.
                    (B) Prohibition on appointment of individuals 
                employed by certain entities.--An individual who was 
                employed, during the preceding 5-year period, by an 
                entity that engages in activities subject to the Arms 
                Export Control Act (22 U.S.C. 2751 et seq.) is not 
                eligible to serve as a member of the Board.
                    (C) Selection of members not of political party of 
                president.--The President shall, before appointing an 
                individual who is not a member of the same political 
                party as the President, consult with the leadership of 
                that party, if any, in the Senate and the House of 
                Representatives.
            (3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            (4) Term.--Each member of the Board shall serve a term of 6 
        years, except that--
                    (A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term; and
                    (B) upon the expiration of the term of office of a 
                member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            (i) for more than 60 days when Congress is 
                        in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            (ii) after the adjournment sine die of the 
                        session of the Senate in which such nomination 
                        is submitted.
            (5) Quorum and meetings.--The Board shall meet upon the 
        call of the chairman or a majority of its members. Three 
        members of the Board shall constitute a quorum.
    (i) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Chairman.--The chairman of the Board shall be 
                compensated at the rate of pay payable for a position 
                at level III of the Executive Schedule under section 
                5314 of title 5, United States Code.
                    (B) Members.--Each member of the Board shall be 
                compensated at a rate of pay payable for a position at 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day during 
                which that member is engaged in the actual performance 
                of the duties of the Board.
            (2) Travel expenses.--Members of the Board shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for persons employed intermittently by the 
        Government under section 5703(b) of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    (j) Staff.--
            (1) Appointment and compensation.--The chairman of the 
        Board, in accordance with rules agreed upon by the Board, shall 
        appoint and fix the compensation of a full-time executive 
        director and such other personnel as may be necessary to enable 
        the Board to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            (2) Appointment in absence of chairman.--If the position of 
        chairman of the Board is vacant, during the period of the 
        vacancy, the Board, at the direction of the unanimous vote of 
        the serving members of the Board, may exercise the authority of 
        the chairman under paragraph (1).
            (3) Detailees.--Any Federal employee may be detailed to the 
        Board without reimbursement from the Board, and such detailee 
        shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            (4) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of such title.
    (k) Security Clearances.--
            (1) In general.--The appropriate departments, agencies, and 
        elements of the executive branch shall cooperate with the Board 
        to expeditiously provide the Board members and staff with 
        appropriate security clearances to the extent possible under 
        existing procedures and requirements.
            (2) Rules and procedures.--After consultation with the 
        Secretary of Defense, the Attorney General, and the Director of 
        National Intelligence, the Board shall adopt rules and 
        procedures of the Board for physical, communications, computer, 
        document, personnel, and other security relating to carrying 
        out the functions of the Board.
    (l) Treatment as Agency, Not as Advisory Committee.--The Board--
            (1) is an agency (as defined in section 551(1) of title 5, 
        United States Code); and
            (2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
    (m) Ethics Policy.--
            (1) In general.--Not later than 180 days after the first 
        date on which three members have been appointed to the Board, 
        by and with the advice and consent of the Senate, the Board 
        shall adopt policies governing ethical conduct of its members 
        and staff, which shall include--
                    (A) restrictions on lobbying or advocating to the 
                Board by entities that engage in activities covered by 
                the Arms Export Control Act (22 U.S.C. 2751 et seq.); 
                and
                    (B) periods of prohibition on employment of members 
                and staff of the Board by such entities following their 
                service on the Board or the staff of the Board.
            (2) Review.--The Board shall review and revise as 
        appropriate such policies not less frequently than every three 
        years.
            (3) Transmission to president and congress.--The Board 
        shall transmit the policies required by paragraph (1), and any 
        revisions to such policies under paragraph (2), to the 
        President and to Congress.
    (n) Initial Assessment.--The Board shall conduct an initial 
assessment of the capability of the Department of State, the Department 
of Defense, and the Defense Security Cooperation Agency to carry out 
the requirements of section 40C of the Arms Export Control Act, as 
added by section 2 of this Act. The Board shall transmit to Congress a 
report on its findings not later than 18 months after the first date on 
which three members shall have been appointed to the Board, by and with 
the advice and consent of the Senate.
    (o) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section amounts as follows:
            (1) For fiscal year 2021, $5,000,000.
            (2) For fiscal year 2022, $7,000,000.
            (3) For fiscal year 2023, $9,000,000.
            (4) For fiscal year 2024, $11,000,000.
            (5) For fiscal year 2025 and each subsequent fiscal year, 
        such sums as may be necessary.

SEC. 5. INCLUSION IN BLUE LANTERN PROGRAM OF CONSIDERATION OF USE OF 
              DEFENSE ARTICLES AND SERVICES TO COMMIT SERIOUS 
              VIOLATIONS OF THE LAWS OF ARMED CONFLICT AND 
              INTERNATIONAL HUMAN RIGHTS LAW.

    Subsection (b)(1) of section 40B of the Arms Export Control Act, as 
redesignated by section 2(1), is amended by inserting ``(including use 
to commit serious violations of the laws of armed conflict and 
international human rights law)'' after ``to diversion or other 
misuse''.

SEC. 6. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS OF HUMAN 
              RIGHTS OR THE LAW OF ARMED CONFLICT IN ISSUING EXPORT 
              LICENSES.

    Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 
2778(a)(2)) is amended by inserting after ``conflict,'' the following: 
``be used to commit violations of human rights or the law of armed 
conflict,''.

SEC. 7. INITIAL DESIGNATIONS OF COUNTRIES OF CONCERN.

    (a) Designations.--Saudi Arabia and the United Arab Emirates are 
hereby designated as countries of concern for purposes of section 40C 
of the Arms Export Control Act, as added by section 2 of this Act.
    (b) Basis for Designations.--The designations under subsection (a) 
are based on the following defense articles:
            (1) GBU-12 Paveway II Laser Guided Bomb.
            (2) GBU-31/32/38 Joint Direct Attack Munition.
            (3) MK-82 bomb.
            (4) White phosphorus munitions,

SEC. 8. COMPTROLLER GENERAL REPORT.

    Not later than three years after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report reviewing the implementation of section 40C of the 
Arms Export Control Act, as added by section 2 of this Act.
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