has enabled the commission, of a violation of inter-
national humanitarian law or internationally recog-
nized human rights; and 
(3) if defense articles are sold, exported, or 
transferred to a foreign country in a manner in 
which the intended end user has not been identified 
at the unit level for human rights vetting, the agree-
ment for such sale, export, or transfer includes a list 
of units ineligible to receive such articles, consistent 
with applicable provisions of United States law. 
(b) ELIGIBILITY FOR DEFENSE SERVICES OR ARTI-
CLES.—Section 3(a) of the Arms Export Control Act (22 
U.S.C. 2753(a)) is amended— 
(1) in paragraph (1), by striking ‘‘and promote 
world peace’’ and inserting ‘‘, promote world peace, 
and is unlikely to contribute to human rights 
abuses’’; 
(2) in paragraph (3), by striking ‘‘; and’’ and 
inserting a semicolon; 
(3) by redesignating paragraph (4) as para-
graph (5); and 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) the country or international organization 
has agreed not to use such article or service in the 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
commission, or to enable the commission, of a viola-
tion of international humanitarian law or inter-
nationally recognized human rights; and’’. 
(c) AUTHORIZED PURPOSE FOR MILITARY SALES.— 
Section 4 of the Arms Export Control Act (22 U.S.C. 
2754) is amended— 
(1) by inserting ‘‘legitimate’’ before ‘‘internal 
security’’; and 
(2) by inserting ‘‘, provided that such defense 
articles and defense services will not present a sig-
nificant risk of being used to violate international 
humanitarian law or internationally recognized 
human rights’’ after ‘‘such friendly countries’’. 
SEC. 5. CONSIDERATION OF HUMAN RIGHTS AND DEMOC-
RATIZATION IN ARMS EXPORTS. 
(a) IN GENERAL.—In considering the sale, export, or 
transfer of defense articles and defense services to foreign 
countries, the Secretary of State shall— 
(1) also consider the extent to which the gov-
ernment of the foreign country protects human 
rights and supports democratic institutions, includ-
ing an independent judiciary; and 
(2) ensure that the views and expertise of the 
Bureau of Democracy, Human Rights, and Labor of 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
the Department of State in connection with any sale, 
export, or transfer are fully taken into account. 
(b) INSPECTOR GENERAL OVERSIGHT.—Not later 
than one year after the date of the enactment of this Act, 
and annually thereafter for four years, the Inspector Gen-
eral of the Department of State shall submit to the appro-
priate congressional committees a report on the implemen-
tation of the requirement under subsection (a) during the 
preceding year. 
SEC. 6. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT 
OF HUMAN RIGHTS IN ARMS EXPORTS. 
(a) IN GENERAL.—Any letter of offer to sell, or any 
application for a license to export or transfer, defense arti-
cles or defense services controlled for export shall be sub-
ject to the congressional review and disapproval require-
ments, regardless of monetary value, of section 36 of the 
Arms Export Control Act (22 U.S.C. 2776) if the Sec-
retary of State has credible information, with respect to 
a country to which the defense articles or defense services 
are proposed to be sold, exported, or transferred, that— 
(1) the government of such country on or after 
the date of enactment of this Act has been deposed 
by a coup d’etat or decree in which the military 
played a decisive role, and a democratically elected 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
government has not taken office subsequent to the 
coup or decree; or 
(2) a unit of the security forces of the govern-
ment of such country— 
(A) has violated international humani-
tarian law and has not been credibly inves-
tigated and subjected to a credible and trans-
parent judicial process addressing such allega-
tion; or 
(B) has committed a gross violation of 
human rights, and has not been credibly inves-
tigated and subjected to a credible and trans-
parent judicial process addressing such allega-
tion, including, inter alia— 
(i) torture or rape; 
(ii) ethnic cleansing of civilians; 
(iii) recruitment or use of child sol-
diers; 
(iv) unjust or wrongful detention; 
(v) the operation of, or effective con-
trol or direction over, secret detention fa-
cilities; or 
(vi) extrajudicial killings, whether by 
military, police, or other security forces. 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
(b) INCLUSION OF INFORMATION IN HUMAN RIGHTS 
REPORT.—The Secretary of State shall also provide to the 
appropriate congressional committees the report described 
in section 502B(c) of the Foreign Assistance Act (22 
U.S.C. 2304(c)) biannually for the period of time specified 
in subsection (c) of this section regarding any country cov-
ered under subsection (a). 
(c) DURATION.— 
(1) IN GENERAL.—With respect to a letter of 
offer to sell or an application for a license to sell, 
export, or transfer described in subsection (a), the 
letter or application shall be subject to the require-
ments and procedures for congressional review and 
disapproval under section 36 of the Arms Export 
Control Act (22 U.S.C. 2776) for 2 years after the 
date on which the Secretary of State receives the in-
formation described in subsection (a). 
(2) TERMINATION.— 
(A) IN GENERAL.—With respect to such a 
letter or application, the enhanced congressional 
oversight under subsections (a) and paragraph 
(1) of this subsection shall terminate on the 
date on which the Secretary of State determines 
and so informs the appropriate congressional 
committees that— 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
(i) the credible information described 
in subsection (a)(2) is inaccurate; or 
(ii) the activity has ceased, and the 
government of the applicable country has 
taken appropriate steps to ensure that 
such activity does not recur, including ap-
propriate punishment for the person or 
persons involved in such activity. 
(B) INFORMATION
SUPPORTING
DETER-
MINATION.—The Secretary of State shall sub-
mit to the appropriate congressional committees 
all information forming the basis for a deter-
mination under subparagraph (A). The deter-
mination shall, to the fullest extent possible, be 
unclassified, but may include a classified annex. 
(d) MODIFICATION
OF PRIOR NOTIFICATION
OF 
SHIPMENT OF ARMS.—Section 36(i) of the Arms Export 
Control Act (22 U.S.C. 2776(i)) is amended by striking 
‘‘subject to the requirements of subsection (b) at the joint 
request of the Chairman and Ranking Member’’ and in-
serting ‘‘subject to the requirements of this section at the 
request of the Chairman or Ranking Member’’. 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
SEC. 7. LIMITATION ON SALES TO SECURITY FORCES IN-
VOLVED IN GROSS VIOLATION OF HUMAN 
RIGHTS. 
Section 620M(a) of the Foreign Assistance Act of 
1961 (23 U.S.C. 2378d(a)) is amended by striking ‘‘No 
assistance’’ and all that follows through ‘‘Arms Export 
Control Act’’ and inserting ‘‘No assistance, including the 
sale of defense articles or defense services, shall be fur-
nished under this Act, the Arms Export Control Act, or 
any other provision of law controlling the export or trans-
fer of such articles and services’’. 
SEC. 8. END USE MONITORING OF MISUSE OF ARMS IN 
HUMAN RIGHTS ABUSES. 
(a) END USE MONITORING.—Section 40A(a)(2)(B) 
of the Arms Export Control Act (22 U.S.C. 2785) is 
amended— 
(1) in clause (i), by striking ‘‘; and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘and;’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) such articles and services are 
not being used to violate international hu-
manitarian law or internationally recog-
nized human rights.’’. 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
(b) REPORT.—The Secretary shall report to the ap-
propriate congressional committees on the measures that 
will be taken, including any additional resources needed, 
to conduct an effective end-use monitoring program to ful-
fill the requirement of clause (iii) of section 40A(a)(2)(B) 
of the Arms Export Control Act, as added by subsection 
(a)(3). 
SEC. 9. HUMAN RIGHTS ELEMENTS IN AUXILIARY RE-
PORTS. 
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 adding at the end the following new sub-
paragraph: 
‘‘(Q) an assessment of the risk that such 
defense articles or defense services will be used 
in the commission of violations of international 
humanitarian law or internationally recognized 
human rights, and a description of any meas-
ures to be taken by the recipient government or 
by the United States to prevent and monitor 
any such use.’’. 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
SEC. 10. REQUIREMENT FOR CERTAIN WEAPONS TO BE 
SUBJECT TO CONDITIONS AND END USE 
MONITORING AS FOREIGN MILITARY SALES. 
Beginning on the date that is 180 days after the date 
of the enactment of this Act, the following defense articles 
may be sold, exported, or transferred only pursuant to sec-
tion 36(b) of the Arms Export Control Act (22 U.S.C. 
2776(b)): 
(1) Rockets, space launch vehicles, missiles, 
bombs (including equipment to enable precision 
guidance), torpedoes, depth charges, mines, and gre-
nades. 
(2) Armored combat ground vehicles, including 
ground vehicles and trailers that are armed or are 
specially designed to be used as a firing or launch 
platform to deliver munitions or otherwise destroy or 
incapacitate targets, excluding any unarmed ground 
vehicles, regardless of origin or designation, manu-
factured prior to 1956 and unmodified since 1955. 
(3) Aircraft, whether manned, unmanned, re-
motely piloted, or optionally piloted, as follows: 
(A) Bombers. 
(B) Fighters, fighter/bombers, and fixed- 
wing attack aircraft. 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
(C) Turbofan- or turbojet-powered trainers 
used to train pilots for fighter, attack, or bomb-
er aircraft. 
(D) Attack helicopters. 
(E) Unmanned aerial vehicles (UAVs) spe-
cially designed to incorporate a defense article. 
(F) Aircraft specially designed to incor-
porate a defense article for the purpose of per-
forming an intelligence, surveillance, and recon-
naissance function. 
(G) Aircraft specially designed to incor-
porate a defense article for the purpose of per-
forming an electronic warfare function, airborne 
warning and control aircraft, or aircraft spe-
cially designed to incorporate a defense article 
for the purpose of performing a command, con-
trol, and communications function. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate; and 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS
(B) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives. 
(2) The terms ‘‘defense article’’ and ‘‘defense 
service’’ have the same meanings given the terms in 
section 47 of the Arms Export Control Act (22 
U.S.C. 2794). 
Æ 
VerDate Sep 11 2014 
03:42 Oct 21, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H5629.IH
H5629
kjohnson on DSK79L0C42PROD with BILLS