priateness of the proposed sale based on the recipi-
ent 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, des-
ignate a country as a country of concern under sec-
tion 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 Representa-
tives, and the President the Board’s determination 
supporting such designation, along with any minor-
ity views. The determination shall be in unclassified 
form to the maximum extent possible, but may in-
clude 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 Rep-
resentatives 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 
VerDate Sep 11 2014 
07:08 Apr 05, 2022
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H7367.IH
H7367
dlhill on DSK120RN23PROD with BILLS
Senate, the House of Representatives, and the Presi-
dent 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, conclu-
sions, and recommendations of the Board re-
sulting 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 func-
tions under subsection (c). 
(D) A summary of each proposal reviewed 
by the Board under subsection (c)(1) that— 
(i) the Board advised against imple-
mentation or advised significant modifica-
tions of; and 
(ii) notwithstanding such advice, ac-
tions 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 
VerDate Sep 11 2014 
23:44 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H7367.IH
H7367
dlhill on DSK120RN23PROD with BILLS
were modified or denied by the Attorney Gen-
eral. 
(3) FORM.—The report required under this 
subsection shall be submitted in unclassified form to 
the greatest extent possible, but may include a clas-
sified 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 clas-
sified information and applicable law; and 
(2) shall hold public hearings and otherwise in-
form the public of its activities, as appropriate and 
in a manner consistent with the protection of classi-
fied information and applicable law, but may, not-
withstanding 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 responsibil-
ities under this section, the Board is authorized to— 
(A) have access from any department, 
agency, or element of the executive branch, or 
VerDate Sep 11 2014 
23:44 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H7367.IH
H7367
dlhill on DSK120RN23PROD with BILLS
any Federal officer or employee of any such de-
partment, agency, or element, to all relevant 
records, reports, audits, reviews, documents, pa-
pers, recommendations, or other relevant mate-
rial, including classified information consistent 
with applicable law; 
(B) interview, take statements from, or 
take public testimony from personnel of any de-
partment, 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 re-
quest 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 infor-
mation, documents, reports, answers, records, 
accounts, papers, and other documentary or tes-
timonial evidence; and 
(D) conduct travel or site visits. 
(2) ASSISTANCE.—The Secretary of State, the 
Secretary of Defense, and any other head of a de-
partment, agency, or entity shall provide to the 
VerDate Sep 11 2014 
23:44 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H7367.IH
H7367
dlhill on DSK120RN23PROD with BILLS
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 de-
nied. 
(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. 
VerDate Sep 11 2014 
23:44 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H7367.IH
H7367
dlhill on DSK120RN23PROD with BILLS