I 
117TH CONGRESS 
2D SESSION 
H. R. 7367 
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 HOUSE OF REPRESENTATIVES 
APRIL 1, 2022 
Ms. JACOBS of California introduced the following bill; which was referred to 
the Committee on Foreign Affairs, and in addition to the Committees on 
Intelligence (Permanent Select), and Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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 Representa-
tives 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 2022’’. 
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SEC. 2. MONITORING AND VERIFICATION OF USE OF DE-
FENSE 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 des-
ignated section 40A as section 40B; and 
(2) by inserting after section 40B, as so redes-
ignated, the following new section: 
‘‘SEC. 40C. MONITORING AND VERIFICATION OF USE OF DE-
FENSE 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 serv-
ices under this Act. 
‘‘(2) EXAMPLES
OF
INCONSISTENT
ACTIONS 
AND BEHAVIORS.—Actions or behavior by a country 
inconsistent with the principles described in para-
graph (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))). 
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‘‘(B) Failure to adhere to standards of 
proportionality and discrimination. 
‘‘(C) Patterns or egregious incidents of de-
struction 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 jour-
nalists. 
‘‘(E) Patterns or egregious incidents of 
harming or disregard for the safety of civilians. 
‘‘(F) The denial of humanitarian relief re-
sulting 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 EMPLOY-
EES OF UNITED STATES.—Any officer or em-
ployee of the United States Government sta-
tioned 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 
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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 re-
port under subparagraph (A) with respect to an 
action or behavior shall promptly report the ac-
tion or behavior to the Secretary of State. 
‘‘(C) REPORTING
TO
CONGRESS.—Not 
later than seven days after the Secretary re-
ceives a report under subparagraph (B) with re-
spect 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 re-
port. 
‘‘(ii) A description of significant prob-
lems, abuses, and deficiencies related to 
the inconsistent actions and behaviors of 
the country in question. 
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‘‘(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 em-
ployees who are members of the intelligence commu-
nity. Such procedures shall encompass reporting and 
analysis of information relevant to the principles de-
scribed in this subsection but which may be insuffi-
ciently verified or not of sufficient severity for re-
porting under paragraph (3). 
‘‘(5) INCLUSION
IN
INTELLIGENCE
PRIOR-
ITIES.—The Director of National Intelligence shall 
ensure that collection and analysis of information re-
lated 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 con-
cern. 
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‘‘(2) ELEMENTS.—The program established 
under this subsection shall include the following ele-
ments: 
‘‘(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 de-
fense articles by the country of concern, the re-
turn of any unused defense articles, and the 
post-use assessment of damage and casualties. 
‘‘(B) Employment by the Secretary of De-
fense of direct observation, real-time video 
feeds, other real-time sensory data and collec-
tion methods, and other appropriate sources of 
information that can be independently authenti-
cated by the United States Government, as op-
posed to reports or other nonobjective media 
created or provided by a country of concern, 
which are not appropriate sources of informa-
tion. 
‘‘(3) AVAILABILITY
AND
USE
OF
INFORMA-
TION.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense shall make available to the Secretary of 
State, the appropriate congressional commit-
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tees, and the Human Rights and Law of War 
Oversight Board established under section 4 of 
the Values in Arms Export Act of 2022 all in-
formation collected or evaluated as part of the 
program established under this subsection. 
‘‘(B) APPROPRIATE CONGRESSIONAL COM-
MITTEES
DEFINED.—In this paragraph, the 
term ‘appropriate congressional committees’ 
means— 
‘‘(i) the Committee on Foreign Rela-
tions, the Committee on Armed Services, 
and the Committee on Appropriations of 
the Senate; and 
‘‘(ii) the Committee on Foreign Af-
fairs, 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 jus-
tification 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 
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item, of the amounts required for the program es-
tablished under this subsection. 
‘‘(5) FUNDING.—Funding to carry out the re-
quirements 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), includ-
ing— 
‘‘(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 Mem-
bers of Congress; and 
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‘‘(iv) credible reports or information 
gathered by members of the media, non-
governmental organizations, foreign coun-
tries, international organizations, or aca-
demic experts; and 
‘‘(B) may consider exculpatory information 
proffered by the country if— 
‘‘(i) the information can be independ-
ently 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 incon-
sistent with the principles described in sub-
section (a)(1); and 
‘‘(iii) there is no evidence that the 
country has attempted to obstruct inves-
tigations by independent parties. 
‘‘(2) DETERMINATIONS
REQUIRED.—In each 
case in which a country of concern may have en-
gaged in an action or behavior inconsistent with the 
principles described in subsection (a)(1), the Sec-
retary of State, based on United States standards 
and policy for the conduct of the United States 
Armed Forces or international law, as applicable, 
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shall make a determination as to the legality and ap-
propriateness 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 2022; 
‘‘(ii) a country designated as a coun-
try of concern by law or by Congress 
through the adoption of a concurrent reso-
lution; 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 assist-
ance pursuant to section 620M of the For-
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eign 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 Re-
public of Korea, Israel, or New Zealand. 
‘‘(2) DURATION
OF
DESIGNATION.—The des-
ignation 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). 
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‘‘(B) CONSIDERATION IN HOUSE OF REP-
RESENTATIVES.—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 consider-
ation of any such bill, joint resolution, or con-
current resolution after it has been reported by 
the appropriate committee shall be treated as 
highly privileged in the House of Representa-
tives. 
‘‘(e) INELIGIBILITY FOR SALES AND TRANSFERS.— 
‘‘(1) IN GENERAL.—A country shall be ineli-
gible for sale or transfer of defense articles (includ-
ing 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; 
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‘‘(B) the Secretary of State, in consulta-
tion 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 sub-
section (a)(1); or 
‘‘(C) during the three-year designation pe-
riod under subsection (d)(2), the country en-
gages in an action or behavior inconsistent with 
those principles. 
‘‘(2) RESTORATION OF ELIGIBILITY.—A coun-
try 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 cor-
rect the deficiencies upon which such ineligi-
bility 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; 
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