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Values in Arms Export Act of 2026
Introduced Jul 22, 2026 · Last action Jul 22, 2026 — Read twice and referred to the Committee on Foreign Relations.
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Summary
This legislation is called the Values in Arms Export Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5082 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5082
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 SENATE OF THE UNITED STATES
July 22, 2026
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
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 2026''.
SEC. 2. MONITORING AND VERIFICATION OF USE OF DEFENSE ARTICLES AND
DEFENSE SERVICES.
(a) Purposes for Which Military Sales by the United States Are
Authorized.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754)
is amended--
(1) by inserting ``(a) In General.--'' before ``Defense
articles''; and
(2) by inserting at the end the following new subsection:
``(b) United States Policy.--It is the policy of the United States
that a foreign government's respect for and compliance with
internationally recognized human rights and international humanitarian
law are central and deciding factors in determining the eligibility of
the foreign government to purchase defense articles or defense services
under this Act.''.
(b) Monitoring and Verification.--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) Statement of Policy.--
``(1) In general.--It is the policy of the United States
that a foreign government's respect for and compliance with
internationally recognized human rights and international
humanitarian law are central and deciding factors in
determining the eligibility of the foreign government to
purchase defense articles or defense services under this Act.
``(2) Examples of inconsistent actions and behaviors.--
Actions or behaviors by a foreign government or its officers or
agents inconsistent with the policy 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, distinction, and discrimination.
``(C) Patterns or egregious incidents of
destruction or damage of medical facilities or other
civilian objects.
``(D) Patterns or egregious incidents of harm or
disregard for the safety of medical personnel, aid
workers, peacekeepers, or journalists.
``(E) Patterns or egregious incidents of harm or
disregard for the safety of civilians.
``(F) Prohibition or restriction, directly or
indirectly, of the transport or delivery of
humanitarian assistance.
``(G) Gross or systemic corruption, lack of
transparency, or lack of accountability in the
government, including 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 with knowledge of action or behavior by a
foreign government or its officers or agents that is
inconsistent with the policy 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) Reports from external sources.--The Secretary
of State shall establish and periodically update
written procedures to facilitate receipt by the
Department of State and United States foreign missions
of credible information about information inconsistent
with the policy described in paragraph (1) from
individuals outside the United States Government.
``(C) Recordkeeping.--The Secretary of State shall
ensure information received under subparagraphs (A) and
(B) is stored with appropriate confidentiality and
protection measures in a centrally managed, searchable
database to be utilized for purposes of compliance with
section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) and similar provisions of law and policy
restricting assistance for foreign security forces.
``(4) Inclusion in intelligence priorities.--The Director
of National Intelligence shall ensure that collection and
analysis of information related to the policy 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 President 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 United
States Government personnel, including contractors and
members of the United States Armed Forces, as
appropriate, 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 President of direct
observation, real-time video feeds, other real-time
sensory data and collection methods, and other relevant
and reliable sources of information from media,
nongovernmental organizations, and other entities.
``(3) Availability and use of information.--
``(A) In general.--All information collected or
evaluated as part of the program established under this
subsection shall be made 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 2026.
``(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 and the Secretary of State shall include in the budget
justification materials submitted to Congress in support of the
Department of Defense and the Department of State 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 Government.
``(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 whether its government or its officers or
agents have engaged in any action or behavior
inconsistent with the policy 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;
``(iii) information referred by Members of
Congress; and
``(iv) credible reports or information
gathered by members of the media,
nongovernmental organizations, foreign
governments, international organizations, or
academic experts; and
``(B) may consider exculpatory information
proffered by the foreign government if--
``(i) the information can be independently
authenticated by the United States;
``(ii) the foreign government provides
access to all information in its possession
about alleged incidents of the use of security
forces of the foreign government in a manner
that is inconsistent with the policy described
in subsection (a)(1);
``(iii) the foreign government is assessed
to be forthcoming in providing access to all
information; and
``(iv) there is no evidence that the
foreign government 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 policy 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' means--
``(A) a foreign government 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 2026;
``(B) a foreign government designated as a country
of concern by law or by Congress through the adoption
of a concurrent resolution; or
``(C) any foreign government with respect to which
the United States has determined that one or more units
of the security forces of the foreign government 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.
``(2) Duration of designation.--The designation of a
foreign government 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
foreign government as a country of concern under
paragraph (1)(B) or terminating a country of concern's
ineligibility period 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 foreign government as a country of
concern under paragraph (1)(B) or terminating a country
of concern's ineligibility period, 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) Immediate limited ineligibility upon initial
designation.--A foreign government 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 foreign government
is designated a country of concern.
``(2) In general.--A foreign government 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 foreign government 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 foreign
government, at the end of the three-year designation
period under subsection (d)(2), has failed to
demonstrate sufficient improvement in adherence to the
policy described in subsection (a)(1); or
``(C) during the three-year designation period
under subsection (d)(2), the foreign government engages
in an action or behavior inconsistent with the policy
described in subsection (a)(1).
``(3) Restoration of eligibility.--A foreign government may
qualify for early termination of the ineligibility period under
paragraphs (1) or (2)--
``(A) if the Secretary of State determines and
reports to Congress that the foreign government 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
foreign government, but that are controlled or
supported by the foreign government 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 a violation of internationally
recognized human rights or international
humanitarian law; and
``(B) upon the enactment of a joint resolution
approving such early termination of ineligibility.
``(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, focused on internationally recognized human
rights, international humanitarian law, 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 foreign
government'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
foreign government's designation as a country of
concern.
``(f) Required Agreement Terms.--Any agreement for the transfer 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 foreign government 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 foreign government that may be inconsistent with the
policy described in subsection (a)(1). No such sale or transfer shall
be permitted without inclusion of such requirements.
``(g) 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 behaviors
inconsistent with the policy 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 behaviors of that foreign
government;
``(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 foreign
government as a country of concern will expire;
``(ii) more than 10 years will have elapsed
following the designation of the foreign
government 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
foreign government subject to a 10-year ineligibility
period under subsection (e) toward eligibility for
early termination of that period under paragraph (3) of
that subsection;
``(D) all reports submitted pursuant to subsection
(a)(3) during the 180-day period preceding submission
of the report;
``(E) the findings of the program established under
subsection (b), including any instances in which a
foreign government failed to fully comply with the
program; and
``(F) an identification of any foreign government
that has failed to fully comply with investigations
described in subsection (f).
``(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.
``(h) 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 INTERNATIONALLY RECOGNIZED HUMAN RIGHTS OR
INTERNATIONAL HUMANITARIAN LAW.
(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 whether the defense
articles, defense services, or design and construction
services to be offered are more likely than not to be
used to violate internationally recognized human rights
or international humanitarian law, 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 whether the items being
offered are more likely than not to be used to violate
internationally recognized human rights or international
humanitarian law, 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.''.
(c) Due Diligence Requirement.--Section 38(a) of the Arms Export
Control Act (22 U.S.C. 2778(a)) is amended by adding at the end the
following new paragraph:
``(4) The issuance of a license does not exempt the
licensee from their own due diligence to ensure any defense
article or defense service covered by the license is used with
respect for and compliance with internationally recognized
human rights and international humanitarian law.''.
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
governments for adherence to internationally recognized human
rights and international humanitarian law, and their continual
efforts to improve such adherence; and
(2) ensure that internationally recognized human rights and
international humanitarian law concerns are appropriately
considered in the negotiation, approval, and execution of arms
transfers, including as required under section 4 of the Arms
Export Control Act (22 U.S.C. 2754), as amended by section 2(a)
of this Act, and section 40C of the Arms Export Control Act, as
added by section 2(b) 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 transfers;
(B) advise the President and the departments,
agencies, and elements of the executive branch to
ensure that internationally recognized human rights and
international humanitarian law 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 defense articles; or
(ii) lessen to any degree the centrality of
compliance by recipient governments with
internationally recognized human rights and
international humanitarian law as a core factor
in decisions of whether to approve transfers;
and
(D) establish procedures to periodically, but not
less than annually, 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 transfers to
ensure that internationally recognized human rights and
international humanitarian law are a central focus and
consideration at each stage of the arms transfer
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 transfers 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 defense articles; or
(ii) lessen to any degree the centrality of
compliance by recipient governments with
internationally recognized human rights and
international humanitarian law as a core factor
in decisions of whether to approve transfers;
and
(D) the adherence of recipient governments to
internationally recognized human rights and
international humanitarian law, the extent to which
United States-provided defense articles are being used
or could be used in contravention of those principles
and laws, and whether recipient governments 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 transfer based on the recipient
government's adherence to internationally recognized human
rights and international humanitarian law.
(d) Designations.--
(1) In general.--The Board may in its sole discretion, by a
majority vote of the Members, designate a foreign government as
a country of concern under section 40C(d)(1)(A) 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 submitted in unclassified form, but may include a
classified annex.
(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. Such justification
shall be submitted in unclassified form, but may include a
classified annex.
(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 on a publicly accessible website within 30
days of transmittal to Congress 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
chair 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 internationally recognized human rights and
international humanitarian law, 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 chair or a majority of its members. Three members
of the Board shall constitute a quorum.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chair.--The chair 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 chair 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 chair.--If the position of
chair 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
chair 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
1001(2) of title 5, United States Code).
(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 (including the Defense Security Cooperation Agency), and the
Department of Commerce to carry out the requirements of section 40C of
the Arms Export Control Act, as added by section 2(b) of this Act. The
assessment should evaluate the capability of each of these departments
separately and their ability to effectively coordinate across the
United States Government. 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 2027, $5,000,000.
(2) For fiscal year 2028, $7,000,000.
(3) For fiscal year 2029, $9,000,000.
(4) For fiscal year 2030, $11,000,000.
(5) For fiscal year 2031 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 VIOLATIONS OF
HUMAN RIGHTS OR INTERNATIONAL HUMANITARIAN LAW.
Subsection (b)(1) of section 40B of the Arms Export Control Act, as
redesignated by section 2(b)(1) of this Act, is amended by inserting
``(including use to commit violations of internationally recognized
human rights or international humanitarian law)'' after ``to diversion
or other misuse''.
SEC. 6. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS OF HUMAN
RIGHTS OR INTERNATIONAL HUMANITARIAN LAW 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 internationally recognized human
rights or international humanitarian law,''.
SEC. 7. COMPTROLLER GENERAL REPORT.
Not later than two 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(b) of this Act.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Sen. Murray, Patty [D-WA]DSenateWA
Cosponsors
No cosponsors on record.
Votes
Voting records are not yet available for this bill.