‘‘(iii) in the case of organized armed 
groups that are not part of the formal 
chain of command for regular and irreg-
ular 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 organi-
zations or to cause them to cease partici-
pation 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 resolu-
tion approving such early termination of ineligi-
bility. 
‘‘(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 con-
cern. 
‘‘(4) WAIVER FOR VALID TRAINING.— 
‘‘(A) IN
GENERAL.—The President may 
waive the application of this subsection to 
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International Military Education and Training 
(IMET) assistance or training provided by any 
United States Government agency, and carried 
out by United States Government personnel, re-
lating 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 cat-
egory 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 in-
volved in the country’s designation as a country 
of concern. 
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‘‘(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 of-
ficials of the government of a country described in 
subsection (e)(1). In imposing such sanctions, the 
Secretary shall prioritize senior members of the gov-
ernment, or those in significant leadership positions, 
who have authority over the personnel or conduct in-
volved in the country’s designation as a country of 
concern. 
‘‘(2) WAIVER.—The President may waive the 
imposition of sanctions under paragraph (1) with re-
spect to an official described in that paragraph if the 
President— 
‘‘(A) determines that it is in the vital na-
tional security interests of the United States to 
issue the waiver; and 
‘‘(B) submits to Congress a justification 
for the waiver, including a comprehensive expla-
nation for why the official should receive the 
waiver. 
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‘‘(3) REPORTS REQUIRED.—Not later than one 
year after the date of the enactment of this section, 
and annually thereafter, the Secretary of the Treas-
ury shall submit to Congress a report on the imposi-
tion of sanctions under paragraph (1) that in-
cludes— 
‘‘(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 agree-
ment 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 require-
ments of this section and to permit and fully cooperate 
with any investigation by United States Government per-
sonnel 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.— 
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‘‘(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 coun-
try of concern has engaged in actions or behav-
ior 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 
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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 estab-
lished under subsection (b), including any in-
stances in which a country failed to fully com-
ply 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 in-
clude a classified annex. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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.).’’. 
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SEC. 3. REQUIRED ASSESSMENT OF RISK OF EXPORTED 
WEAPONS BEING USED TO VIOLATE PRIN-
CIPLES 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 fol-
lowing new subparagraph: 
‘‘(Q) an assessment of the risk of the de-
fense 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 Intel-
ligence.’’. 
(b) 
EXPORT
LICENSE
APPLICATIONS.—Section 
36(c)(1) of the Arms Export Control Act (22 U.S.C. 
2776(c)(1)) is amended— 
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(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 Sec-
retary for the Bureau of Democracy, Human Rights, 
and Labor, in consultation with the Secretary of De-
fense and the Director of Central Intelligence’’. 
SEC. 4. HUMAN RIGHTS AND LAW OF WAR OVERSIGHT 
BOARD. 
(a) IN GENERAL.—There is established as an inde-
pendent 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, 
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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 DEVEL-
OPMENT
AND
IMPLEMENTATION.—The 
Board 
shall— 
(A) review proposed legislation, regula-
tions, and policies related to international arms 
sales; 
(B) advise the President and the depart-
ments, 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 over-
sight 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 
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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 pur-
pose or functions of the Board that the Board 
deems advisable. 
(2) OVERSIGHT.—The Board shall continually 
review— 
(A) the regulations, policies, and proce-
dures, and the implementation of the regula-
tions, policies, and procedures, of the depart-
ments, 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— 
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(i) diminish to any degree the over-
sight 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-pro-
vided weapons are being used or could be used 
in contravention of those principles and laws, 
and whether recipient States are working to im-
prove their adherence to the maximum extent of 
their capabilities. 
(3) TESTIMONY.—The members of the Board 
shall appear and testify before Congress upon re-
quest. 
(4) ASSESSMENTS.—The Board shall submit to 
Congress, at the time of any notification under sub-
section (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 appro-
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