Sec. 2. Establishment of silver shield operational end-use monitoring program
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In order to improve accountability with respect to defense articles and defense services sold, leased, transferred, or exported under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), not later than 1 year after the date of the enactment of this Act, the President shall establish a program, to be known as the Silver Shield program, to provide for operational end-use monitoring of such articles and services.
The Silver Shield program shall— be designed to monitor whether there is credible information that a recipient used defense articles or defense services from the United States to inflict civilian harm, violate international humanitarian law, or violate international human rights law; determine through operational end-use monitoring whether defense articles or defense services from the United States were used to commit— genocide; crimes against humanity; grave breaches of the Geneva Conventions of 1949; or other serious violations of international humanitarian or human rights law; require a determination of ineligibility, pursuant to section 3 of the Arms Export Control Act, should a determination described in subparagraph
(B)be affirmative, including a timeline of 180 days to complete such determinations on such allegations of violation; incorporate data, best practices, and lessons learned from the implementation of— the Civilian Harm Incident Response Guidance; programs to carry out the requirements of section 362 of title 10, United States Code and section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) (collectively referred to as the Leahy Laws ); National Security Memorandum 20; the Golden Sentry End-Use Monitoring Program; and the Blue Lantern program; and incorporates sources of information for monitoring including— reports submitted by United States Government personnel, including United States embassy, Defense Security Cooperation Agency, or combatant command personnel; eyewitness interviews; publicly available photographic and video evidence; satellite imagery; credible reports by non-governmental organizations and media; intelligence information; information submitted through a publicly available online portal to be integrated with the Human Rights Reporting Gateway; relevant forensic investigations; site visits by United States Government personnel; and any other credible sources of information regarding the use of United States origin defense articles or defense services in inflicting civilian harm or to commit a violation of international humanitarian law or international human rights law. The Silver Shield program shall be established in the Department of State and shall be implemented through coordination between the following: The Bureau of Democracy, Human Rights, and Labor, which shall in coordination with the Bureau of Political-Military Affairs of the Department of State be responsible for directing and managing the implementation of the program. The Office of the Secretary, the Defense Security Cooperation Agency, and the Civilian Protection Center of Excellence of the Department of Defense. Any other Federal department or agency the President determines relevant to the establishment or implementation of the Silver Shield program. The Silver Shield program shall take such steps as may be necessary to consult as appropriate with relevant experts affiliated with federally funded research and development corporations, non-governmental organizations, and academic institutions. The President shall establish an external advisory board comprising recognized academic and non-governmental experts in investigations regarding the monitoring of the usage of defense articles or services in civilian harm or violations of international law. The heads of the agencies listed in subsection (a)(3) shall periodically consult with the external advisory board with respect to— research methodology; information sources; investigative best practices; and any other such information within the expertise of the advisory board and relevant to implementation of this Act.
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Sec. 2
Establishment of silver shield operational end-use monitoring program
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