Sec. 2. Monitoring and verification of use of defense articles and defense services

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Chapter 3A of the Arms Export Control Act ( 22 U.S.C. 2785 ) is amended— by redesignating the second section designated section 40A as section 40B; and by inserting after section 40B, as so redesignated, the following new section: 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. Actions or behavior by a country inconsistent with the principles described in paragraph

(1)include the following: 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) )). Failure to adhere to standards of proportionality and discrimination. Patterns or egregious incidents of destruction or damage of medical facilities or other civilian infrastructure. Patterns or egregious incidents of harming or disregard for the safety of medical personnel, aid workers, peacekeepers, or journalists. Patterns or egregious incidents of harming or disregard for the safety of civilians. The denial of humanitarian relief resulting in serious harm to civilian populations. Gross or systemic corruption, lack of transparency, or lack of accountability in the government or among security forces. 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. 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. 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: The title or subject of each report. A description of significant problems, abuses, and deficiencies related to the inconsistent actions and behaviors of the country in question. A description of the evidence or information used to form the basis for the report. 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). 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. 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. The program established under this subsection shall include the following elements: 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. 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. 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 2020 all information collected or evaluated as part of the program established under this subsection. In this paragraph, the term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 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. 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. The Secretary of State— 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— information gathered through the program established under subsection (b); information from any agency of the United States Government, including reports under subsection (a)(3); information referred by Members of Congress; and credible reports or information gathered by members of the media, nongovernmental organizations, foreign countries, international organizations, or academic experts; and may consider exculpatory information proffered by the country if— the information can be independently authenticated by the United States; 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 there is no evidence that the country has attempted to obstruct investigations by independent parties. 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— the action or behavior; and the employment of defense articles or defense services acquired under this Act in the action or behavior. In this section, the term country of concern — means— 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 2020 ; a country designated as a country of concern by law or by Congress through the adoption of a concurrent resolution; or 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 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. The designation of a country as a country of concern under paragraph (1)— shall remain in effect for a period of three years; and may be renewed, before the previous designation expires, in any manner in which a designation may be made under paragraph (1). 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). 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. 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— the country is designated a country of concern under subsection

(d)for the second time in a 10-year period; 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 during the three-year designation period under subsection (d)(2), the country engages in an action or behavior inconsistent with those principles. A country may qualify for early termination of the 10-year ineligibility period under paragraph (1)— 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— enacting and enforcing new laws or policy; substantial remedial training for government officials and members of the military or security forces; 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 fully investigating and holding accountable individuals at any level who were responsible for human rights and law of armed conflict violation; and upon the enactment of a joint resolution approving such early termination of ineligibility. 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. 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. 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.). In this subsection, the term covered defense article means— 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 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. 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. The President may waive the imposition of sanctions under paragraph

(1)with respect to an official described in that paragraph if the President— determines that it is in the vital national security interests of the United States to issue the waiver; and submits to Congress a justification for the waiver, including a comprehensive explanation for why the official should receive the waiver. 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 description of any waivers issued under paragraph (2); and an assessment of the effectiveness of the sanctions in changing the action or behavior of each country that resulted in ineligibility under subsection (e). 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. 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— 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; an identification of each country of concern for which, during the 180-day period following submission of the report— the designation of the country as a country of concern will expire; more than 10 years will have elapsed following the designation of the country as a country of concern; or a 10-year ineligibility period under subsection

(e)will expire; 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; all reports submitted pursuant to subsection (a)(3) during the 180-day period preceding submission of the report; 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 an identification of any country that has failed to fully comply with investigations described in subsection (g). Each report required by paragraph

(1)shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex. 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.). .

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