[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7367 Introduced in House (IH)]
<DOC>
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 subsequently 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 Representatives 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''.
SEC. 2. MONITORING AND VERIFICATION OF USE OF DEFENSE 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 designated section
40A as section 40B; and
(2) by inserting after section 40B, as so redesignated, the
following new section:
``SEC. 40C. MONITORING AND VERIFICATION OF USE OF DEFENSE 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 services under this Act.
``(2) Examples of inconsistent actions and behaviors.--
Actions or behavior by a country inconsistent with the
principles described in paragraph (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))).
``(B) Failure to adhere to standards of
proportionality and discrimination.
``(C) Patterns or egregious incidents of
destruction 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 journalists.
``(E) Patterns or egregious incidents of harming or
disregard for the safety of civilians.
``(F) The denial of humanitarian relief resulting
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 employees of united
states.--Any officer or employee of the United States
Government stationed 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 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 report under subparagraph (A)
with respect to an action or behavior shall promptly
report the action or behavior to the Secretary of
State.
``(C) Reporting to congress.--Not later than seven
days after the Secretary receives a report under
subparagraph (B) with respect 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 report.
``(ii) A description of significant
problems, abuses, and deficiencies related to
the inconsistent actions and behaviors of the
country in question.
``(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 employees who are members of the
intelligence community. Such procedures shall encompass
reporting and analysis of information relevant to the
principles described in this subsection but which may be
insufficiently verified or not of sufficient severity for
reporting under paragraph (3).
``(5) Inclusion in intelligence priorities.--The Director
of National Intelligence shall ensure that collection and
analysis of information related 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 concern.
``(2) Elements.--The program established under this
subsection shall include the following elements:
``(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 defense articles by the country of concern,
the return of any unused defense articles, and the
post-use assessment of damage and casualties.
``(B) Employment by the Secretary of Defense of
direct observation, real-time video feeds, other real-
time sensory data and collection methods, and other
appropriate sources of information that can be
independently authenticated by the United States
Government, as opposed to reports or other nonobjective
media created or provided by a country of concern,
which are not appropriate sources of information.
``(3) Availability and use of information.--
``(A) In general.--The Secretary of Defense shall
make available to the Secretary of State, the
appropriate congressional committees, and the Human
Rights and Law of War Oversight Board established under
section 4 of the Values in Arms Export Act of 2022 all
information collected or evaluated as part of the
program established under this subsection.
``(B) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) the Committee on Foreign Relations,
the Committee on Armed Services, and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on Foreign Affairs,
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 justification 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 item, of the
amounts required for the program established under this
subsection.
``(5) Funding.--Funding to carry out the requirements 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), including--
``(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 Members of
Congress; and
``(iv) credible reports or information
gathered by members of the media,
nongovernmental organizations, foreign
countries, international organizations, or
academic experts; and
``(B) may consider exculpatory information
proffered by the country if--
``(i) the information can be independently
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 inconsistent with
the principles described in subsection (a)(1);
and
``(iii) there is no evidence that the
country has attempted to obstruct
investigations by independent parties.
``(2) Determinations required.--In each case in which a
country of concern may have engaged in an action or behavior
inconsistent with the principles described in subsection
(a)(1), the Secretary of State, based on United States
standards and policy for the conduct of the United States Armed
Forces or international law, as applicable, shall make a
determination as to the legality and appropriateness 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 country of
concern by law or by Congress through the
adoption of a concurrent resolution; 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 assistance pursuant
to section 620M of the Foreign 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 Republic of Korea,
Israel, or New Zealand.
``(2) Duration of designation.--The designation 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).
``(B) Consideration in house of representatives.--
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
consideration of any such bill, joint resolution, or
concurrent resolution after it has been reported by the
appropriate committee shall be treated as highly
privileged in the House of Representatives.
``(e) Ineligibility for Sales and Transfers.--
``(1) In general.--A country shall be ineligible for sale
or transfer of defense articles (including 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;
``(B) the Secretary of State, in consultation 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
subsection (a)(1); or
``(C) during the three-year designation period
under subsection (d)(2), the country engages in an
action or behavior inconsistent with those principles.
``(2) Restoration of eligibility.--A country 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 correct the deficiencies
upon which such ineligibility 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;
``(iii) in the case of organized armed
groups that are not part of the formal chain of
command for regular and irregular 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
organizations or to cause them to cease
participation 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 resolution
approving such early termination of ineligibility.
``(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 concern.
``(4) Waiver for valid training.--
``(A) In general.--The President may waive the
application of this subsection to International
Military Education and Training (IMET) assistance or
training provided by any United States Government
agency, and carried out by United States Government
personnel, relating 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 category 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 involved in the
country's designation as a country of concern.
``(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 officials of the government of a country described
in subsection (e)(1). In imposing such sanctions, the Secretary
shall prioritize senior members of the government, or those in
significant leadership positions, who have authority over the
personnel or conduct involved in the country's designation as a
country of concern.
``(2) Waiver.--The President may waive the imposition of
sanctions under paragraph (1) with respect to an official
described in that paragraph if the President--
``(A) determines that it is in the vital national
security interests of the United States to issue the
waiver; and
``(B) submits to Congress a justification for the
waiver, including a comprehensive explanation for why
the official should receive the waiver.
``(3) Reports required.--Not later than one year after the
date of the enactment of this section, and annually thereafter,
the Secretary of the Treasury shall submit to Congress a report
on the imposition of sanctions under paragraph (1) that
includes--
``(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 agreement 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
requirements of this section and to permit and fully cooperate with any
investigation by United States Government personnel 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.--
``(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 country of
concern has engaged in actions or behavior 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 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 established under
subsection (b), including any instances in which a
country failed to fully comply 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 include a classified annex.
``(i) Rule of Construction.--Nothing in this section 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.).''.
SEC. 3. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO
VIOLATE PRINCIPLES 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 following new
subparagraph:
``(Q) an assessment of the risk of the defense
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 Intelligence.''.
(b) Export License Applications.--Section 36(c)(1) of the Arms
Export Control Act (22 U.S.C. 2776(c)(1)) is amended--
(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 Secretary for the Bureau of Democracy, Human Rights,
and Labor, in consultation with the Secretary of Defense and
the Director of Central Intelligence''.
SEC. 4. HUMAN RIGHTS AND LAW OF WAR OVERSIGHT BOARD.
(a) In General.--There is established as an independent 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, 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 development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and
policies related to international arms sales;
(B) advise the President and the departments,
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 oversight 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) 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 purpose or functions of the Board that
the Board deems advisable.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures, and
the implementation of the regulations, policies, and
procedures, of the departments, 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--
(i) diminish to any degree the oversight 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-provided weapons are
being used or could be used in contravention of those
principles and laws, and whether recipient States are
working to improve their adherence to the maximum
extent of their capabilities.
(3) Testimony.--The members of the Board shall appear and
testify before Congress upon request.
(4) Assessments.--The Board shall submit to Congress, at
the time of any notification under subsection (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
appropriateness of the proposed sale based on the recipient
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, designate a country as a country
of concern under section 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 Representatives, and the President the
Board's determination supporting such designation, along with
any minority views. The determination shall be in unclassified
form to the maximum extent possible, but may include 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 Representatives 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 Senate, the House of
Representatives, and the President 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, conclusions, and
recommendations of the Board resulting 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 functions under
subsection (c).
(D) A summary of each proposal reviewed by the
Board under subsection (c)(1) that--
(i) the Board advised against
implementation or advised significant
modifications of; and
(ii) notwithstanding such advice, actions
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 were modified or denied by
the Attorney General.
(3) Form.--The report required under this subsection shall
be submitted in unclassified form to the greatest extent
possible, but may include a classified 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 classified information and
applicable law; and
(2) shall hold public hearings and otherwise inform the
public of its activities, as appropriate and in a manner
consistent with the protection of classified information and
applicable law, but may, notwithstanding 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 responsibilities under this section,
the Board is authorized to--
(A) have access from any department, agency, or
element of the executive branch, or any Federal officer
or employee of any such department, agency, or element,
to all relevant records, reports, audits, reviews,
documents, papers, recommendations, or other relevant
material, including classified information consistent
with applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any department, 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 request 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
information, documents, reports, answers, records,
accounts, papers, and other documentary or testimonial
evidence; and
(D) conduct travel or site visits.
(2) Assistance.--The Secretary of State, the Secretary of
Defense, and any other head of a department, agency, or entity
shall provide to the 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 denied.
(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.
(5) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is, in
the judgment of the Board, unreasonably refused or not
provided, the Board shall report the circumstances to the head
of the department, agency, or element concerned without delay.
The head of the department, agency, or element concerned shall
ensure that the Board is given access to the information,
assistance, material, or personnel the Board determines to be
necessary to carry out its functions.
(6) Access.--Nothing in this section shall be construed to
authorize the Board, or any agent thereof, to gain access to
information regarding an activity covered by section 503(a) of
the National Security Act of 1947 (50 U.S.C. 3093(a)).
(h) Membership.--
(1) Members.--The Board shall be composed of a full-time
chairman and four additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Qualifications.--
(A) In general.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise
in human rights and the law of armed conflict, and
relevant experience, and without regard to political
affiliation, but in no event shall more than three
members of the Board be members of the same political
party.
(B) Prohibition on appointment of individuals
employed by certain entities.--An individual who was
employed, during the preceding 5-year period, by an
entity that engages in activities subject to the Arms
Export Control Act (22 U.S.C. 2751 et seq.) is not
eligible to serve as a member of the Board.
(C) Selection of members not of political party of
president.--The President shall, before appointing an
individual who is not a member of the same political
party as the President, consult with the leadership of
that party, if any, in the Senate and the House of
Representatives.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
(4) Term.--Each member of the Board shall serve a term of 6
years, except that--
(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term; and
(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
(i) for more than 60 days when Congress is
in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
(ii) after the adjournment sine die of the
session of the Senate in which such nomination
is submitted.
(5) Quorum and meetings.--The Board shall meet upon the
call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman of the Board shall be
compensated at the rate of pay payable for a position
at level III of the Executive Schedule under section
5314 of title 5, United States Code.
(B) Members.--Each member of the Board shall be
compensated at a rate of pay payable for a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during
which that member is engaged in the actual performance
of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The chairman of the
Board, in accordance with rules agreed upon by the Board, shall
appoint and fix the compensation of a full-time executive
director and such other personnel as may be necessary to enable
the Board to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Appointment in absence of chairman.--If the position of
chairman of the Board is vacant, during the period of the
vacancy, the Board, at the direction of the unanimous vote of
the serving members of the Board, may exercise the authority of
the chairman under paragraph (1).
(3) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(4) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
(k) Security Clearances.--
(1) In general.--The appropriate departments, agencies, and
elements of the executive branch shall cooperate with the Board
to expeditiously provide the Board members and staff with
appropriate security clearances to the extent possible under
existing procedures and requirements.
(2) Rules and procedures.--After consultation with the
Secretary of Defense, the Attorney General, and the Director of
National Intelligence, the Board shall adopt rules and
procedures of the Board for physical, communications, computer,
document, personnel, and other security relating to carrying
out the functions of the Board.
(l) Treatment as Agency, Not as Advisory Committee.--The Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
(m) Ethics Policy.--
(1) In general.--Not later than 180 days after the first
date on which three members have been appointed to the Board,
by and with the advice and consent of the Senate, the Board
shall adopt policies governing ethical conduct of its members
and staff, which shall include--
(A) restrictions on lobbying or advocating to the
Board by entities that engage in activities covered by
the Arms Export Control Act (22 U.S.C. 2751 et seq.);
and
(B) periods of prohibition on employment of members
and staff of the Board by such entities following their
service on the Board or the staff of the Board.
(2) Review.--The Board shall review and revise as
appropriate such policies not less frequently than every three
years.
(3) Transmission to president and congress.--The Board
shall transmit the policies required by paragraph (1), and any
revisions to such policies under paragraph (2), to the
President and to Congress.
(n) Initial Assessment.--The Board shall conduct an initial
assessment of the capability of the Department of State, the Department
of Defense, and the Defense Security Cooperation Agency to carry out
the requirements of section 40C of the Arms Export Control Act, as
added by section 2 of this Act. The Board shall transmit to Congress a
report on its findings not later than 18 months after the first date on
which three members shall have been appointed to the Board, by and with
the advice and consent of the Senate.
(o) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section amounts as follows:
(1) For fiscal year 2023, $5,000,000.
(2) For fiscal year 2024, $7,000,000.
(3) For fiscal year 2025, $9,000,000.
(4) For fiscal year 2026, $11,000,000.
(5) For fiscal year 2027 and each subsequent fiscal year,
such sums as may be necessary.
SEC. 5. INCLUSION IN BLUE LANTERN PROGRAM OF CONSIDERATION OF USE OF
DEFENSE ARTICLES AND SERVICES TO COMMIT SERIOUS
VIOLATIONS OF THE LAWS OF ARMED CONFLICT AND
INTERNATIONAL HUMAN RIGHTS LAW.
Subsection (b)(1) of section 40B of the Arms Export Control Act, as
redesignated by section 2(1), is amended by inserting ``(including use
to commit serious violations of the laws of armed conflict and
international human rights law)'' after ``to diversion or other
misuse''.
SEC. 6. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS OF HUMAN
RIGHTS OR THE LAW OF ARMED CONFLICT IN ISSUING EXPORT
LICENSES.
Section 38(a)(2) of the Arms Export Control Act (22 U.S.C.
2778(a)(2)) is amended by inserting after ``conflict,'' the following:
``be used to commit violations of human rights or the law of armed
conflict,''.
SEC. 7. INITIAL DESIGNATIONS OF COUNTRIES OF CONCERN.
(a) Designations.--Saudi Arabia and the United Arab Emirates are
hereby designated as countries of concern for purposes of section 40C
of the Arms Export Control Act, as added by section 2 of this Act.
(b) Basis for Designations.--The designations under subsection (a)
are based on the following defense articles:
(1) GBU-12 Paveway II Laser Guided Bomb.
(2) GBU-31/32/38 Joint Direct Attack Munition.
(3) MK-82 bomb.
(4) White phosphorus munitions.
SEC. 8. COMPTROLLER GENERAL REPORT.
Not later than three years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report reviewing the implementation of section 40C of the
Arms Export Control Act, as added by section 2 of this Act.
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