II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Values in Arms Export 

5 Act of 2020’’. 


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1 SEC. 2. MONITORING AND VERIFICATION OF USE OF DE2 FENSE ARTICLES AND DEFENSE SERVICES. 

3 Chapter 3A of the Arms Export Control Act (22 

4 U.S.C. 2785) is amended— 

5 (1) by redesignating the second section des6 ignated section 40A as section 40B; and 

7 (2) by inserting after section 40B, as so redes8 ignated, the following new section: 

9 ‘‘SEC. 40C. MONITORING AND VERIFICATION OF USE OF DE10 FENSE ARTICLES AND DEFENSE SERVICES. 

11 ‘‘(a) PRINCIPLES.— 

12 ‘‘(1) STATEMENT OF POLICY.—It is the policy 

13 of the United States that a country’s respect for and 

14 compliance with internationally recognized principles 

15 of human rights and the law of war are central and 

16 deciding factors in determining the eligibility of the 

17 country to purchase defense articles or defense serv18 ices under this Act. 

19 ‘‘(2) EXAMPLES OF INCONSISTENT ACTIONS

20 AND BEHAVIORS.—Actions or behavior by a country 

21 inconsistent with the principles described in para22 graph (1) include the following: 

23 ‘‘(A) Gross violations of internationally 

24 recognized human rights (as defined in section 

25 502B(d) of the Foreign Assistance Act of 1961 

26 (22 U.S.C. 2304(d))). 


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1 ‘‘(B) Failure to adhere to standards of 

2 proportionality and discrimination. 

3 ‘‘(C) Patterns or egregious incidents of de4 struction or damage of medical facilities or 

5 other civilian infrastructure. 

6 ‘‘(D) Patterns or egregious incidents of 

7 harming or disregard for the safety of medical 

8 personnel, aid workers, peacekeepers, or jour9 nalists. 

10 ‘‘(E) Patterns or egregious incidents of 

11 harming or disregard for the safety of civilians. 

12 ‘‘(F) The denial of humanitarian relief re13 sulting in serious harm to civilian populations. 

14 ‘‘(G) Gross or systemic corruption, lack of 

15 transparency, or lack of accountability in the 

16 government or among security forces. 

17 ‘‘(3) REPORTING OF INCONSISTENT ACTIONS

18 AND BEHAVIORS.— 

19 ‘‘(A) REPORTS BY OFFICERS OR EMPLOY20 EES OF UNITED STATES.—Any officer or em21 ployee of the United States Government sta22 tioned in a country with knowledge of action or 

23 behavior by that country that is inconsistent 

24 with the principles described in paragraph (1) 

25 shall report the action or behavior to the chief 


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1 of mission (as defined in section 102 of the 

2 Foreign Service Act of 1980 (22 U.S.C. 3902)) 

3 for that country. 

4 ‘‘(B) REPORTING TO SECRETARY OF

5 STATE.—A chief of mission that receives a re6 port under subparagraph (A) with respect to an 

7 action or behavior shall promptly report the ac8 tion or behavior to the Secretary of State. 

9 ‘‘(C) REPORTING TO CONGRESS.—Not 

10 later than seven days after the Secretary re11 ceives a report under subparagraph (B) with re12 spect to an action or behavior, the Secretary 

13 shall submit to Congress a report on the action 

14 or behavior. The report shall be submitted in 

15 unclassified form, but may include a classified 

16 annex if necessary. The report shall include at 

17 a minimum the following information: 

18 ‘‘(i) The title or subject of each re19 port. 

20 ‘‘(ii) A description of significant prob21 lems, abuses, and deficiencies related to 

22 the inconsistent actions and behaviors of 

23 the country in question. 


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1 ‘‘(iii) A description of the evidence or 

2 information used to form the basis for the 

3 report. 

4 ‘‘(4) INTELLIGENCE COMMUNITY REPORTING.— 

5 The Director of National Intelligence may specify 

6 additional reporting procedures for officers or em7 ployees who are members of the intelligence commu8 nity. Such procedures shall encompass reporting and 

9 analysis of information relevant to the principles de10 scribed in this subsection but which may be insuffi11 ciently verified or not of sufficient severity for re12 porting under paragraph (3). 

13 ‘‘(5) INCLUSION IN INTELLIGENCE PRIOR14 ITIES.—The Director of National Intelligence shall 

15 ensure that collection and analysis of information re16 lated to the principles described in this subsection is 

17 included in each National Intelligence Priorities 

18 Framework, or any successor directive. 

19 ‘‘(b) MONITORING AND VERIFICATION PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Defense 

21 shall carry out a program of monitoring and 

22 verification of the use of defense articles and defense 

23 services acquired under this Act by countries of con24 cern. 


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1 ‘‘(2) ELEMENTS.—The program established 

2 under this subsection shall include the following ele3 ments: 

4 ‘‘(A) The observation and evaluation by 

5 members of the United States Armed Forces of 

6 the targeting process used by the country of 

7 concern, the employment of the acquired de8 fense articles by the country of concern, the re9 turn of any unused defense articles, and the 

10 post-use assessment of damage and casualties. 

11 ‘‘(B) Employment by the Secretary of De12 fense of direct observation, real-time video 

13 feeds, other real-time sensory data and collec14 tion methods, and other appropriate sources of 

15 information that can be independently authenti16 cated by the United States Government, as op17 posed to reports or other nonobjective media 

18 created or provided by a country of concern, 

19 which are not appropriate sources of informa20 tion. 

21 ‘‘(3) AVAILABILITY AND USE OF INFORMA22 TION.— 

23 ‘‘(A) IN GENERAL.—The Secretary of De24 fense shall make available to the Secretary of 

25 State, the appropriate congressional commitVerDate Sep 11 2014 21:56 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4739.IS S4739

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1 tees, and the Human Rights and Law of War 

2 Oversight Board established under section 4 of 

3 the Values in Arms Export Act of 2020 all in4 formation collected or evaluated as part of the 

5 program established under this subsection. 

6 ‘‘(B) APPROPRIATE CONGRESSIONAL COM7 MITTEES DEFINED.—In this paragraph, the 

8 term ‘appropriate congressional committees’ 

9 means— 

10 ‘‘(i) the Committee on Foreign Rela11 tions, the Committee on Armed Services, 

12 and the Committee on Appropriations of 

13 the Senate; and 

14 ‘‘(ii) the Committee on Foreign Af15 fairs, the Committee on Armed Services, 

16 and the Committee on Appropriations of 

17 the House of Representatives. 

18 ‘‘(4) SEPARATE BUDGETARY LINE ITEM.—The 

19 Secretary of Defense shall include in the budget jus20 tification materials submitted to Congress in support 

21 of the Department of Defense budget for each fiscal 

22 year (as submitted with the budget of the President 

23 under section 1105(a) of title 31, United States 

24 Code) specific identification, as a budgetary line 


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1 item, of the amounts required for the program es2 tablished under this subsection. 

3 ‘‘(5) FUNDING.—Funding to carry out the re4 quirements of this section shall be derived from 

5 amounts collected under section 21. The President 

6 shall ensure such charges pursuant to such section 

7 are sufficient to fully meet all requirements of this 

8 section without cost to the United States. 

9 ‘‘(c) EVALUATION BY THE SECRETARY OF STATE.— 

10 ‘‘(1) CONSIDERATION OF INFORMATION.—The 

11 Secretary of State— 

12 ‘‘(A) shall consistently review all relevant 

13 information related to a country of concern to 

14 determine to whether the country has engaged 

15 in any action or behavior inconsistent with the 

16 principles described in subsection (a)(1), includ17 ing— 

18 ‘‘(i) information gathered through the 

19 program established under subsection (b); 

20 ‘‘(ii) information from any agency of 

21 the United States Government, including 

22 reports under subsection (a)(3); 

23 ‘‘(iii) information referred by Mem24 bers of Congress; and 


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1 ‘‘(iv) credible reports or information 

2 gathered by members of the media, non3 governmental organizations, foreign coun4 tries, international organizations, or aca5 demic experts; and 

6 ‘‘(B) may consider exculpatory information 

7 proffered by the country if— 

8 ‘‘(i) the information can be independ9 ently authenticated by the United States; 

10 ‘‘(ii) the country provides access to all 

11 information in its possession about alleged 

12 incidents of the use of security forces of 

13 the country in a manner that is incon14 sistent with the principles described in sub15 section (a)(1); and 

16 ‘‘(iii) there is no evidence that the 

17 country has attempted to obstruct inves18 tigations by independent parties. 

19 ‘‘(2) DETERMINATIONS REQUIRED.—In each 

20 case in which a country of concern may have en21 gaged in an action or behavior inconsistent with the 

22 principles described in subsection (a)(1), the Sec23 retary of State, based on United States standards 

24 and policy for the conduct of the United States 

25 Armed Forces or international law, as applicable, 


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1 shall make a determination as to the legality and ap2 propriateness of— 

3 ‘‘(A) the action or behavior; and 

4 ‘‘(B) the employment of defense articles or 

5 defense services acquired under this Act in the 

6 action or behavior. 

7 ‘‘(d) DESIGNATION OF COUNTRIES OF CONCERN.— 

8 ‘‘(1) COUNTRY OF CONCERN DEFINED.—In this 

9 section, the term ‘country of concern’— 

10 ‘‘(A) means— 

11 ‘‘(i) a country designated as a country 

12 of concern by the President, the Secretary 

13 of State, the Secretary of Defense, or the 

14 Human Rights and Law of War Oversight 

15 Board established under section 4 of the 

16 Values in Arms Export Act of 2020; 

17 ‘‘(ii) a country designated as a coun18 try of concern by law or by Congress 

19 through the adoption of a concurrent reso20 lution; or 

21 ‘‘(iii) any country with respect to 

22 which the United States has determined 

23 that one or more units of the security 

24 forces of the country is ineligible for assist25 ance pursuant to section 620M of the ForVerDate Sep 11 2014 21:56 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4739.IS S4739

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1 eign Assistance Act of 1961 (22 U.S.C. 

2 2378d) or section 362 of title 10, United 

3 States Code, notwithstanding any waiver 

4 exercised under such sections; and 

5 ‘‘(B) does not include the North Atlantic 

6 Treaty Organization, or any member country of 

7 such Organization, Japan, Australia, the Re8 public of Korea, Israel, or New Zealand. 

9 ‘‘(2) DURATION OF DESIGNATION.—The des10 ignation of a country as a country of concern under 

11 paragraph (1)— 

12 ‘‘(A) shall remain in effect for a period of 

13 three years; and 

14 ‘‘(B) may be renewed, before the previous 

15 designation expires, in any manner in which a 

16 designation may be made under paragraph (1). 

17 ‘‘(3) EXPEDITED PROCEDURES.— 

18 ‘‘(A) CONSIDERATION IN SENATE.—Any 

19 bill, joint resolution, or concurrent resolution 

20 designating a country as a country of concern 

21 under paragraph (1)(A)(ii) shall be considered 

22 in the Senate in accordance with the provisions 

23 of section 601(b) of the International Security 

24 Assistance and Arms Export Control Act of 

25 1976 (Public Law 94–329; 90 Stat. 765). 


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1 ‘‘(B) CONSIDERATION IN HOUSE OF REP2 RESENTATIVES.—For the purpose of expediting 

3 the consideration of bills, joint resolutions, or 

4 concurrent resolutions designating a country as 

5 a country of concern under paragraph 

6 (1)(A)(ii), a motion to proceed to the consider7 ation of any such bill, joint resolution, or con8 current resolution after it has been reported by 

9 the appropriate committee shall be treated as 

10 highly privileged in the House of Representa11 tives. 

12 ‘‘(e) INELIGIBILITY FOR SALES AND TRANSFERS.— 

13 ‘‘(1) IN GENERAL.—A country shall be ineli14 gible for sale or transfer of defense articles (includ15 ing spare parts for such articles) or defense services, 

16 or the extension of credit (including participation in 

17 the extension of credit) or loan guarantees under 

18 this Act, for a 10-year period beginning on, and 

19 shall immediately discontinue the use of, or return 

20 to the United States, any covered defense articles in 

21 its possession effective as of, the date— 

22 ‘‘(A) the country is designated a country of 

23 concern under subsection (d) for the second 

24 time in a 10-year period; 


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1 ‘‘(B) the Secretary of State, in consulta2 tion with the Secretary of Defense, determines 

3 that the country, at the end of the three-year 

4 designation period under subsection (d)(2), has 

5 failed to demonstrate sufficient improvement in 

6 adherence to the principles described in sub7 section (a)(1); or 

8 ‘‘(C) during the three-year designation pe9 riod under subsection (d)(2), the country en10 gages in an action or behavior inconsistent with 

11 those principles. 

12 ‘‘(2) RESTORATION OF ELIGIBILITY.—A coun13 try may qualify for early termination of the 10-year 

14 ineligibility period under paragraph (1)— 

15 ‘‘(A) if the Secretary of State determines 

16 and reports to Congress that the government of 

17 the country has taken meaningful steps to cor18 rect the deficiencies upon which such ineligi19 bility is based, which shall include— 

20 ‘‘(i) enacting and enforcing new laws 

21 or policy; 

22 ‘‘(ii) substantial remedial training for 

23 government officials and members of the 

24 military or security forces; 


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1 ‘‘(iii) in the case of organized armed 

2 groups that are not part of the formal 

3 chain of command for regular and irreg4 ular forces of the country, but that are 

5 controlled or supported by the country to 

6 any degree, taking actions to cease any 

7 support for or affiliation with those organi8 zations or to cause them to cease partici9 pation in hostilities; and 

10 ‘‘(iv) fully investigating and holding 

11 accountable individuals at any level who 

12 were responsible for human rights and law 

13 of armed conflict violation; and 

14 ‘‘(B) upon the enactment of a joint resolu15 tion approving such early termination of ineligi16 bility. 

17 ‘‘(3) IMMEDIATE LIMITED INELIGIBILITY UPON

18 INITIAL DESIGNATION.—A country shall be ineligible 

19 for sale or transfer of a covered defense article 

20 under this Act for a three-year period beginning on 

21 the date the country is designated a country of con22 cern. 

23 ‘‘(4) WAIVER FOR VALID TRAINING.— 

24 ‘‘(A) IN GENERAL.—The President may 

25 waive the application of this subsection to 


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1 International Military Education and Training 

2 (IMET) assistance or training provided by any 

3 United States Government agency, and carried 

4 out by United States Government personnel, re5 lating to the law of armed conflict, human 

6 rights, anticorruption, or similar issues. 

7 ‘‘(B) LIMITATION ON SCOPE OF WAIVER.— 

8 In no case may a waiver under subparagraph 

9 (A) extend to cover operations that are part of 

10 any armed conflict or any activity that would be 

11 subject to the War Powers Resolution (50 

12 U.S.C. 1541 et seq.). 

13 ‘‘(5) COVERED DEFENSE ARTICLE DEFINED.— 

14 In this subsection, the term ‘covered defense article’ 

15 means— 

16 ‘‘(A) any defense article in the same cat17 egory of the United States Munitions List as a 

18 defense article determined to have been involved 

19 in the country’s designation as a country of 

20 concern; and 

21 ‘‘(B) any spare parts or services related to 

22 the defense article determined to have been in23 volved in the country’s designation as a country 

24 of concern. 


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1 ‘‘(f) IMPOSITION OF SANCTIONS WITH RESPECT TO

2 GOVERNMENT OFFICIALS.— 

3 ‘‘(1) IN GENERAL.—The Secretary of the 

4 Treasury shall impose sanctions pursuant to the 

5 International Emergency Economic Powers Act (50 

6 U.S.C. 1701 et seq.) with respect to appropriate of7 ficials of the government of a country described in 

8 subsection (e)(1). In imposing such sanctions, the 

9 Secretary shall prioritize senior members of the gov10 ernment, or those in significant leadership positions, 

11 who have authority over the personnel or conduct in12 volved in the country’s designation as a country of 

13 concern. 

14 ‘‘(2) WAIVER.—The President may waive the 

15 imposition of sanctions under paragraph (1) with re16 spect to an official described in that paragraph if the 

17 President— 

18 ‘‘(A) determines that it is in the vital na19 tional security interests of the United States to 

20 issue the waiver; and 

21 ‘‘(B) submits to Congress a justification 

22 for the waiver, including a comprehensive expla23 nation for why the official should receive the 

24 waiver. 


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1 ‘‘(3) REPORTS REQUIRED.—Not later than one 

2 year after the date of the enactment of this section, 

3 and annually thereafter, the Secretary of the Treas4 ury shall submit to Congress a report on the imposi5 tion of sanctions under paragraph (1) that in6 cludes— 

7 ‘‘(A) a description of any waivers issued 

8 under paragraph (2); and 

9 ‘‘(B) an assessment of the effectiveness of 

10 the sanctions in changing the action or behavior 

11 of each country that resulted in ineligibility 

12 under subsection (e). 

13 ‘‘(g) REQUIRED AGREEMENT TERMS.—Any agree14 ment for the sale of defense articles or defense services 

15 under this Act entered into after the date of the enactment 

16 of this section shall include terms requiring the country 

17 receiving such articles or services to agree to the require18 ments of this section and to permit and fully cooperate 

19 with any investigation by United States Government per20 sonnel into an action or behavior by the country that may 

21 be inconsistent with the principles described in subsection 

22 (a)(1). No such sale or transfer shall be permitted without 

23 inclusion of such requirements. 

24 ‘‘(h) REPORTS REQUIRED.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this section, and 

3 every 180 days thereafter, the Secretary of State 

4 shall submit to Congress a report that includes— 

5 ‘‘(A) an assessment of whether each coun6 try of concern has engaged in actions or behav7 ior inconsistent with the principles described in 

8 subsection (a)(1) during the 180-day period 

9 preceding submission of the report, including 

10 any progress in improving, or worsening of, 

11 such actions or behavior of that country; 

12 ‘‘(B) an identification of each country of 

13 concern for which, during the 180-day period 

14 following submission of the report— 

15 ‘‘(i) the designation of the country as 

16 a country of concern will expire; 

17 ‘‘(ii) more than 10 years will have 

18 elapsed following the designation of the 

19 country as a country of concern; or 

20 ‘‘(iii) a 10-year ineligibility period 

21 under subsection (e) will expire; 

22 ‘‘(C) an assessment of any progress made 

23 during the 180-day period preceding submission 

24 of the report by a country subject to a 10-year 

25 ineligibility period under subsection (e) toward 


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1 eligibility for early termination of that period 

2 under paragraph (2) of that subsection; 

3 ‘‘(D) all reports submitted pursuant to 

4 subsection (a)(3) during the 180-day period 

5 preceding submission of the report; 

6 ‘‘(E) in coordination with the Secretary of 

7 Defense, the findings of the program estab8 lished under subsection (b), including any in9 stances in which a country failed to fully com10 ply with the program; and 

11 ‘‘(F) an identification of any country that 

12 has failed to fully comply with investigations 

13 described in subsection (g). 

14 ‘‘(2) FORM OF REPORT.—Each report required 

15 by paragraph (1) shall be submitted in unclassified 

16 form to the maximum extent possible, but may in17 clude a classified annex. 

18 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed as authorizing the use of military 

20 force or otherwise authorizing the President to introduce 

21 United States forces into hostilities that have not been 

22 specifically authorized by Congress pursuant to the War 

23 Powers Resolution (50 U.S.C. 1541 et seq.).’’. 


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1 SEC. 3. REQUIRED ASSESSMENT OF RISK OF EXPORTED 

2 WEAPONS BEING USED TO VIOLATE PRIN3 CIPLES OF HUMAN RIGHTS OR THE LAW OF 

4 ARMED CONFLICT. 

5 (a) LETTERS OF OFFER.—Section 36(b)(1) of the 

6 Arms Export Control Act (22 U.S.C. 2776(b)(1)) is 

7 amended— 

8 (1) in subparagraph (O), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (2) in subparagraph (P), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by inserting after subparagraph (P) the fol13 lowing new subparagraph: 

14 ‘‘(Q) an assessment of the risk of the de15 fense articles, defense services, or design and 

16 construction services to be offered being used to 

17 violate principles of human rights or the law of 

18 armed conflict, prepared by the Secretary of 

19 State through the Assistant Secretary for the 

20 Bureau of Democracy, Human Rights, and 

21 Labor, in consultation with the Secretary of 

22 Defense and the Director of Central Intel23 ligence.’’. 

24 (b) EXPORT LICENSE APPLICATIONS.—Section 

25 36(c)(1) of the Arms Export Control Act (22 U.S.C. 

26 2776(c)(1)) is amended— 


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1 (1) by striking ‘‘and (C)’’ and inserting ‘‘(C)’’; 

2 and 

3 (2) by inserting after ‘‘items to be exported’’ 

4 the following: ‘‘, and (D) an assessment of the risk 

5 of the items being used to violate principles of 

6 human rights or the law of armed conflict, prepared 

7 by the Secretary of State through the Assistant Sec8 retary for the Bureau of Democracy, Human Rights, 

9 and Labor, in consultation with the Secretary of De10 fense and the Director of Central Intelligence’’. 

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

12 BOARD. 

13 (a) IN GENERAL.—There is established as an inde14 pendent agency within the executive branch a Human 

15 Rights and Law of War Oversight Board (referred to in 

16 this section as the ‘‘Board’’). 

17 (b) PURPOSE.—The Board shall— 

18 (1) analyze and review the actions and conduct 

19 of recipient countries for strict adherence to the law 

20 of armed conflict and human rights principles, and 

21 their continual efforts to improve such adherence; 

22 and 

23 (2) ensure that human rights and law of armed 

24 conflict concerns are appropriately considered in the 

25 negotiation, approval, and execution of arms sales, 


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1 including as required under section 40C of the Arms 

2 Export Control Act, as added by section 2 of this 

3 Act. 

4 (c) FUNCTIONS.— 

5 (1) ADVICE AND COUNSEL ON POLICY DEVEL6 OPMENT AND IMPLEMENTATION.—The Board 

7 shall— 

8 (A) review proposed legislation, regula9 tions, and policies related to international arms 

10 sales; 

11 (B) advise the President and the depart12 ments, agencies, and elements of the executive 

13 branch to ensure that human rights and the law 

14 of armed conflict are appropriately considered 

15 in the development and implementation of such 

16 legislation, regulations, policies, and guidelines; 

17 (C) in providing advice on such proposals, 

18 consider whether such proposals would— 

19 (i) diminish to any degree the over20 sight by entities of the executive branch of 

21 the end use of United States-provided 

22 arms; or 

23 (ii) lessen to any degree the centrality 

24 of compliance by recipient states with prin25 ciples of human rights or the law of armed 


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1 conflict as a core factor in decisions of 

2 whether to approve sales; and 

3 (D) submit to Congress, the President, or 

4 the head of any executive branch department, 

5 agency, or entity, such recommendations for 

6 policy, regulation, or law relevant to the pur7 pose or functions of the Board that the Board 

8 deems advisable. 

9 (2) OVERSIGHT.—The Board shall continually 

10 review— 

11 (A) the regulations, policies, and proce12 dures, and the implementation of the regula13 tions, policies, and procedures, of the depart14 ments, agencies, and elements of the executive 

15 branch relating to arms sales to ensure that 

16 principles of human rights or the law of armed 

17 conflict are a central focus and consideration at 

18 each stage of the arms sales process, including 

19 end use; 

20 (B) whether entities of the executive 

21 branch are adhering to such policies; 

22 (C) other actions by the executive branch 

23 relating to arms sales to determine whether 

24 such actions— 


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1 (i) diminish to any degree the over2 sight by entities of the executive branch of 

3 the end use of United States-provided 

4 arms; or 

5 (ii) lessen to any degree the centrality 

6 of compliance by recipient states with prin7 ciples of human rights or the law of armed 

8 conflict as a core factor in decisions of 

9 whether to approve sales; and 

10 (D) the adherence of recipient states to 

11 human rights principles and the law of armed 

12 conflict, the extent to which United States-pro13 vided weapons are being used or could be used 

14 in contravention of those principles and laws, 

15 and whether recipient states are working to im16 prove their adherence to the maximum extent of 

17 their capabilities. 

18 (3) TESTIMONY.—The members of the Board 

19 shall appear and testify before Congress upon re20 quest. 

21 (4) ASSESSMENTS.—The Board shall submit to 

22 Congress, at the time of any notification under sub23 section (b) or (c) of section 36 of the Arms Export 

24 Control Act (22 U.S.C. 2776), the assessment of the 

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1 priateness of the proposed sale based on the recipi2 ent state’s adherence to principles of human rights 

3 and the law of armed conflict. 

4 (d) DESIGNATIONS.— 

5 (1) IN GENERAL.—The Board may in its sole 

6 discretion, by a majority vote of the Members, des7 ignate a country as a country of concern under sec8 tion 40C(d)(1)(A)(i) of the Arms Export Control 

9 Act, as added by section 2 of this Act. Not later 

10 than the time of the designation, the Board shall 

11 transmit to the Senate, the House of Representa12 tives, and the President the Board’s determination 

13 supporting such designation, along with any minor14 ity views. The determination shall be in unclassified 

15 form to the maximum extent possible, but may in16 clude a classified annex as necessary. 

17 (2) REVERSAL.—The President may vacate a 

18 designation by the Board under paragraph (1). In 

19 exercising this authority, the President shall submit 

20 to the Board, the Senate, and the House of Rep21 resentatives a detailed justification for the action. 

22 This authority may not be delegated. 

23 (e) REPORTS.— 

24 (1) IN GENERAL.—The Board shall periodically, 

25 but not less frequently than annually, submit to the 


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1 Senate, the House of Representatives, and the Presi2 dent a report on the activities of the Board. 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall include the following elements: 

5 (A) A description of the major activities of 

6 the Board during the preceding period. 

7 (B) Information on the findings, conclu8 sions, and recommendations of the Board re9 sulting from its advice and oversight functions 

10 under subsection (c). 

11 (C) The minority views on any findings, 

12 conclusions, and recommendations of the Board 

13 resulting from its advice and oversight func14 tions under subsection (c). 

15 (D) A summary of each proposal reviewed 

16 by the Board under subsection (c)(1) that— 

17 (i) the Board advised against imple18 mentation or advised significant modifica19 tions of; and 

20 (ii) notwithstanding such advice, ac21 tions were taken to implement. 

22 (E) For the preceding period, a description 

23 of any requests submitted under subsection 

24 (g)(1)(C) for the issuance of subpoenas that 


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1 were modified or denied by the Attorney Gen2 eral. 

3 (3) FORM.—The report required under this 

4 subsection shall be submitted in unclassified form to 

5 the greatest extent possible, but may include a clas6 sified annex as necessary. 

7 (f) INFORMING THE PUBLIC.—The Board— 

8 (1) shall make its reports, including its reports 

9 to Congress, available to the public to the greatest 

10 extent that is consistent with the protection of clas11 sified information and applicable law; and 

12 (2) shall hold public hearings and otherwise in13 form the public of its activities, as appropriate and 

14 in a manner consistent with the protection of classi15 fied information and applicable law, but may, not16 withstanding section 552b of title 5, United States 

17 Code, meet or otherwise communicate in any number 

18 to confer or deliberate in a manner that is closed to 

19 the public. 

20 (g) ACCESS TO INFORMATION.— 

21 (1) AUTHORIZATION.—If determined by the 

22 Board to be necessary to carry out its responsibil23 ities under this section, the Board is authorized to— 

24 (A) have access from any department, 

25 agency, or element of the executive branch, or 


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1 any Federal officer or employee of any such de2 partment, agency, or element, to all relevant 

3 records, reports, audits, reviews, documents, pa4 pers, recommendations, or other relevant mate5 rial, including classified information consistent 

6 with applicable law; 

7 (B) interview, take statements from, or 

8 take public testimony from personnel of any de9 partment, agency, or element of the executive 

10 branch, or any Federal officer or employee of 

11 any such department, agency, or element; 

12 (C) at the direction of a majority of the 

13 members of the Board, submit a written re14 quest to the Attorney General that the Attorney 

15 General require, by subpoena, persons (other 

16 than departments, agencies, and elements of the 

17 executive branch) to produce any relevant infor18 mation, documents, reports, answers, records, 

19 accounts, papers, and other documentary or tes20 timonial evidence; and 

21 (D) conduct travel or site visits. 

22 (2) ASSISTANCE.—The Secretary of State, the 

23 Secretary of Defense, and any other head of a de24 partment, agency, or entity shall provide to the 


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1 Board any necessary assistance to facilitate activities 

2 set forth under paragraph (1). 

3 (3) REVIEW OF SUBPOENA REQUEST.— 

4 (A) IN GENERAL.—Not later than 30 days 

5 after the date of receipt of a request by the 

6 Board under paragraph (1)(C), the Attorney 

7 General shall— 

8 (i) issue the subpoena as requested; or 

9 (ii) provide the Board, in writing, with 

10 an explanation of the grounds on which the 

11 subpoena request has been modified or de12 nied. 

13 (B) NOTIFICATION.—If a subpoena request 

14 is modified or denied under subparagraph 

15 (A)(ii), the Attorney General shall, not later 

16 than 5 days after the date of that modification 

17 or denial, notify the Senate and the House of 

18 Representatives. 

19 (4) ENFORCEMENT OF SUBPOENA.—In the case 

20 of contumacy or failure to obey a subpoena issued 

21 pursuant to paragraph (1)(C), the United States 

22 district court for the judicial district in which the 

23 subpoenaed person resides, is served, or may be 

24 found may issue an order requiring such person to 

25 produce the evidence required by such subpoena. 


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1 (5) AGENCY COOPERATION.—Whenever infor2 mation or assistance requested under subparagraph 

3 (A) or (B) of paragraph (1) is, in the judgment of 

4 the Board, unreasonably refused or not provided, the 

5 Board shall report the circumstances to the head of 

6 the department, agency, or element concerned with7 out delay. The head of the department, agency, or 

8 element concerned shall ensure that the Board is 

9 given access to the information, assistance, material, 

10 or personnel the Board determines to be necessary 

11 to carry out its functions. 

12 (6) ACCESS.—Nothing in this section shall be 

13 construed to authorize the Board, or any agent 

14 thereof, to gain access to information regarding an 

15 activity covered by section 503(a) of the National 

16 Security Act of 1947 (50 U.S.C. 3093(a)). 

17 (h) MEMBERSHIP.— 

18 (1) MEMBERS.—The Board shall be composed 

19 of a full-time chairman and four additional mem20 bers, who shall be appointed by the President, by 

21 and with the advice and consent of the Senate. 

22 (2) QUALIFICATIONS.— 

23 (A) IN GENERAL.—Members of the Board 

24 shall be selected solely on the basis of their pro25 fessional qualifications, achievements, public 


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1 stature, expertise in human rights and the law 

2 of armed conflict, and relevant experience, and 

3 without regard to political affiliation, but in no 

4 event shall more than three members of the 

5 Board be members of the same political party. 

6 (B) PROHIBITION ON APPOINTMENT OF IN7 DIVIDUALS EMPLOYED BY CERTAIN ENTI8 TIES.—An individual who was employed, during 

9 the preceding 5-year period, by an entity that 

10 engages in activities subject to the Arms Export 

11 Control Act (22 U.S.C. 2751 et seq.) is not eli12 gible to serve as a member of the Board. 

13 (C) SELECTION OF MEMBERS NOT OF PO14 LITICAL PARTY OF PRESIDENT.—The President 

15 shall, before appointing an individual who is not 

16 a member of the same political party as the 

17 President, consult with the leadership of that 

18 party, if any, in the Senate and the House of 

19 Representatives. 

20 (3) INCOMPATIBLE OFFICE.—An individual ap21 pointed to the Board may not, while serving on the 

22 Board, be an elected official, officer, or employee of 

23 the Federal Government, other than in the capacity 

24 as a member of the Board. 


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1 (4) TERM.—Each member of the Board shall 

2 serve a term of 6 years, except that— 

3 (A) a member appointed to a term of office 

4 after the commencement of such term may 

5 serve under such appointment only for the re6 mainder of such term; and 

7 (B) upon the expiration of the term of of8 fice of a member, the member shall continue to 

9 serve until the member’s successor has been ap10 pointed and qualified, except that no member 

11 may serve under this subparagraph— 

12 (i) for more than 60 days when Con13 gress is in session unless a nomination to 

14 fill the vacancy shall have been submitted 

15 to the Senate; or 

16 (ii) after the adjournment sine die of 

17 the session of the Senate in which such 

18 nomination is submitted. 

19 (5) QUORUM AND MEETINGS.—The Board shall 

20 meet upon the call of the chairman or a majority of 

21 its members. Three members of the Board shall con22 stitute a quorum. 

23 (i) COMPENSATION AND TRAVEL EXPENSES.— 

24 (1) COMPENSATION.— 


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1 (A) CHAIRMAN.—The chairman of the 

2 Board shall be compensated at the rate of pay 

3 payable for a position at level III of the Execu4 tive Schedule under section 5314 of title 5, 

5 United States Code. 

6 (B) MEMBERS.—Each member of the 

7 Board shall be compensated at a rate of pay 

8 payable for a position at level IV of the Execu9 tive Schedule under section 5315 of title 5, 

10 United States Code, for each day during which 

11 that member is engaged in the actual perform12 ance of the duties of the Board. 

13 (2) TRAVEL EXPENSES.—Members of the 

14 Board shall be allowed travel expenses, including per 

15 diem in lieu of subsistence, at rates authorized for 

16 persons employed intermittently by the Government 

17 under section 5703(b) of title 5, United States Code, 

18 while away from their homes or regular places of 

19 business in the performance of services for the 

20 Board. 

21 (j) STAFF.— 

22 (1) APPOINTMENT AND COMPENSATION.—The 

23 chairman of the Board, in accordance with rules 

24 agreed upon by the Board, shall appoint and fix the 

25 compensation of a full-time executive director and 


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1 such other personnel as may be necessary to enable 

2 the Board to carry out its functions, without regard 

3 to the provisions of title 5, United States Code, gov4 erning appointments in the competitive service, and 

5 without regard to the provisions of chapter 51 and 

6 subchapter III of chapter 53 of such title relating to 

7 classification and General Schedule pay rates, except 

8 that no rate of pay fixed under this subsection may 

9 exceed the equivalent of that payable for a position 

10 at level V of the Executive Schedule under section 

11 5316 of title 5, United States Code. 

12 (2) APPOINTMENT IN ABSENCE OF CHAIR13 MAN.—If the position of chairman of the Board is 

14 vacant, during the period of the vacancy, the Board, 

15 at the direction of the unanimous vote of the serving 

16 members of the Board, may exercise the authority of 

17 the chairman under paragraph (1). 

18 (3) DETAILEES.—Any Federal employee may 

19 be detailed to the Board without reimbursement 

20 from the Board, and such detailee shall retain the 

21 rights, status, and privileges of the detailee’s regular 

22 employment without interruption. 

23 (4) CONSULTANT SERVICES.—The Board may 

24 procure the temporary or intermittent services of ex25 perts and consultants in accordance with section 


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1 3109 of title 5, United States Code, at rates that do 

2 not exceed the daily rate paid a person occupying a 

3 position at level IV of the Executive Schedule under 

4 section 5315 of such title. 

5 (k) SECURITY CLEARANCES.— 

6 (1) IN GENERAL.—The appropriate depart7 ments, agencies, and elements of the executive 

8 branch shall cooperate with the Board to expedi9 tiously provide the Board members and staff with 

10 appropriate security clearances to the extent possible 

11 under existing procedures and requirements. 

12 (2) RULES AND PROCEDURES.—After consulta13 tion with the Secretary of Defense, the Attorney 

14 General, and the Director of National Intelligence, 

15 the Board shall adopt rules and procedures of the 

16 Board for physical, communications, computer, doc17 ument, personnel, and other security relating to car18 rying out the functions of the Board. 

19 (l) TREATMENT AS AGENCY, NOT AS ADVISORY COM20 MITTEE.—The Board— 

21 (1) is an agency (as defined in section 551(1) 

22 of title 5, United States Code); and 

23 (2) is not an advisory committee (as defined in 

24 section 3(2) of the Federal Advisory Committee Act 

25 (5 U.S.C. App.)). 


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1 (m) ETHICS POLICY.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the first date on which three members have 

4 been appointed to the Board, by and with the advice 

5 and consent of the Senate, the Board shall adopt 

6 policies governing ethical conduct of its members 

7 and staff, which shall include— 

8 (A) restrictions on lobbying or advocating 

9 to the Board by entities that engage in activi10 ties covered by the Arms Export Control Act 

11 (22 U.S.C. 2751 et seq.); and 

12 (B) periods of prohibition on employment 

13 of members and staff of the Board by such en14 tities following their service on the Board or the 

15 staff of the Board. 

16 (2) REVIEW.—The Board shall review and re17 vise as appropriate such policies not less frequently 

18 than every three years. 

19 (3) TRANSMISSION TO PRESIDENT AND CON20 GRESS.—The Board shall transmit the policies re21 quired by paragraph (1), and any revisions to such 

22 policies under paragraph (2), to the President and 

23 to Congress. 

24 (n) INITIAL ASSESSMENT.—The Board shall conduct 

25 an initial assessment of the capability of the Department 


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1 of State, the Department of Defense, and the Defense Se2 curity Cooperation Agency to carry out the requirements 

3 of section 40C of the Arms Export Control Act, as added 

4 by section 2 of this Act. The Board shall transmit to Con5 gress a report on its findings not later than 18 months 

6 after the first date on which three members shall have 

7 been appointed to the Board, by and with the advice and 

8 consent of the Senate. 

9 (o) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 amounts as follows: 

12 (1) For fiscal year 2021, $5,000,000. 

13 (2) For fiscal year 2022, $7,000,000. 

14 (3) For fiscal year 2023, $9,000,000. 

15 (4) For fiscal year 2024, $11,000,000. 

16 (5) For fiscal year 2025 and each subsequent 

17 fiscal year, such sums as may be necessary. 

18 SEC. 5. INCLUSION IN BLUE LANTERN PROGRAM OF CON19 SIDERATION OF USE OF DEFENSE ARTICLES 

20 AND SERVICES TO COMMIT SERIOUS VIOLA21 TIONS OF THE LAWS OF ARMED CONFLICT 

22 AND INTERNATIONAL HUMAN RIGHTS LAW. 

23 Subsection (b)(1) of section 40B of the Arms Export 

24 Control Act, as redesignated by section 2(1), is amended 

25 by inserting ‘‘(including use to commit serious violations 


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1 of the laws of armed conflict and international human 

2 rights law)’’ after ‘‘to diversion or other misuse’’. 

3 SEC. 6. CONSIDERATION OF RISK OF COMMISSION OF VIO4 LATIONS OF HUMAN RIGHTS OR THE LAW OF 

5 ARMED CONFLICT IN ISSUING EXPORT LI6 CENSES. 

7 Section 38(a)(2) of the Arms Export Control Act (22 

8 U.S.C. 2778(a)(2)) is amended by inserting after ‘‘con9 flict,’’ the following: ‘‘be used to commit violations of 

10 human rights or the law of armed conflict,’’. 

11 SEC. 7. INITIAL DESIGNATIONS OF COUNTRIES OF CON12 CERN. 

13 (a) DESIGNATIONS.—Saudi Arabia and the United 

14 Arab Emirates are hereby designated as countries of con15 cern for purposes of section 40C of the Arms Export Con16 trol Act, as added by section 2 of this Act. 

17 (b) BASIS FOR DESIGNATIONS.—The designations 

18 under subsection (a) are based on the following defense 

19 articles: 

20 (1) GBU–12 Paveway II Laser Guided Bomb. 

21 (2) GBU–31/32/38 Joint Direct Attack Muni22 tion. 

23 (3) MK–82 bomb. 

24 (4) White phosphorus munitions, 


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1 SEC. 8. COMPTROLLER GENERAL REPORT. 

2 Not later than three years after the date of the enact3 ment of this Act, the Comptroller General of the United 

4 States shall submit to Congress a report reviewing the im5 plementation of section 40C of the Arms Export Control 

6 Act, as added by section 2 of this Act. 

Æ 


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