,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dgci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bi1
 #bjbj,mrs4 ,murray introduced the      
following bill2 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        
concern1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,values in ,arms ,export ,act of    
#bjbj4  #b4 ,monitoring and verification
 of use of defense articles and defense 
services ,chapter #c;,a of the ,arms    
,export ,control ,act 7#bb ,u4,s4,c4    
#bghe7 is amended-- 7#a7 by             
redesignating the second section        
designated section #dj;,a as section    
#dj;,b2 and  7#b7 by inserting after    
section #dj;,b1 as so redesignated1 the 
following new section3  #dj;,c4         
,monitoring and verification of use of  

defense articles and defense services   
7a7 ,principles  7#a7 ,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 ,act4  7#b7 ,examples of     
inconsistent actions and behaviors      
,actions or behavior by a country       
inconsistent with the principles        
described in paragraph 7#a7 include the 
following3 7,a7 ,gross violations of    
internationally recognized human rights 
7as defined in section #ejb;,b7d7 of the
 ,foreign ,assistance ,act of #aifa 7#bb
 ,u4,s4,c4 #bcjd7;d7774  7,b7 ,failure  
to adhere to standards of               
proportionality and discrimination4     
7,c7 ,patterns or egregious incidents of
 destruction or damage of medical       
facilities or other civilian            

infrastructure4  7,d7 ,patterns or      
egregious incidents of harming or       
disregard for the safety of medical     
personnel1 aid workers1 peacekeepers1 or
 journalists4  7,e7 ,patterns or        
egregious incidents of harming or       
disregard for the safety of civilians4  
7,f7 ,the denial of humanitarian relief 
resulting in serious harm to civilian   
populations4  7,g7 ,gross or systemic   
corruption1 lack of transparency1 or    
lack of accountability in the government
 or among security forces4  7#c7        
,reporting of inconsistent actions and  
behaviors  7,a7 ,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 7#a7 shall report
 the action or behavior to the chief of 
mission 7as defined in section #ajb of  
the ,foreign ,service ,act of #aihj 7#bb

 ,u4,s4,c4 #cijb77 for that country4    
7,b7 ,reporting to ,secretary of ,state 
,a chief of mission that receives a     
report under subparagraph 7,a7 with     
respect to an action or behavior shall  
promptly report the action or behavior  
to the ,secretary of ,state4  7,c7      
,reporting to ,congress ,not later than 
seven days after the ,secretary receives
 a report under subparagraph 7,b7 with  
respect to an action or behavior1 the   
,secretary shall submit to ,congress a  
report on the action or behavior4 ,the  
report shall be submitted in            
unclassified form1 but may include a    
classified annex if necessary4 ,the     
report shall include at a minimum the   
following information3 7i7 ,the title or
 subject of each report4  7ii7 ,a       
description of significant problems1    
abuses1 and deficiencies related to the 
inconsistent actions and behaviors of   
the country in question4  7iii7 ,a      
description of the evidence or          
information used to form the basis for  

the report4  7#d7 ,intelligence         
community reporting ,the ,director of   
,national ,intelligence may specify     
additional reporting procedures for     
officers or employees who are members of
 the intelligence community4 ,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 7#c74     
7#e7 ,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     
,framework1 or any successor directive4 
7b7 ,monitoring and verification program
  7#a7 ,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 concern4  7#b7 ,elements ,the program
 established under this subsection shall
 include the following elements3 7,a7   
,the observation and evaluation by      
members of the ,united ,states ,armed   
,forces of the targeting process used by
 the country of concern1 the employment 
of the acquired defense articles by the 
country of concern1 the return of any   
unused defense articles1 and the        
post-use assessment of damage and       
casualties4  7,b7 ,employment by the    
,secretary of ,defense of direct        
observation1 real-time video feeds1     
other real-time sensory data and        
collection methods1 and other           
appropriate sources of information that 
can be independently authenticated by   
the ,united ,states ,government1 as     
opposed to reports or other nonobjective
 media created or provided by a country 
of concern1 which are not appropriate   
sources of information4  7#c7           
,availability and use of information    

7,a7 ,in general ,the ,secretary of     
,defense shall make available to the    
,secretary of ,state1 the appropriate   
congressional committees1 and the ,human
 ,rights and ,law of ,war ,oversight    
,board established under section #d of  
the ,values in ,arms ,export ,act of    
#bjbj all information collected or      
evaluated as part of the program        
established under this subsection4  7,b7
 ,appropriate congressional committees  
defined ,in this paragraph1 the term    
appropriate congressional committees    
means-- 7i7 the ,committee on ,foreign  
,relations1 the ,committee on ,armed    
,services1 and the ,committee on        
,appropriations of the ,senate2 and     
7ii7 the ,committee on ,foreign         
,affairs1 the ,committee on ,armed      
,services1 and the ,committee on        
,appropriations of the ,house of        
,representatives4  7#d7 ,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 
7as submitted with the budget of the    
,president under section #aaje7;a7 of   
title #ca1 ,united ,states ,code7       
specific identification1 as a budgetary 
line item1 of the amounts required for  
the program established under this      
subsection4  7#e7 ,funding ,funding to  
carry out the requirements of this      
section shall be derived from amounts   
collected under section #ba4 ,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     
,states4  7c7 ,evaluation by the        
,secretary of ,state  7#a7              
,consideration of information ,the      
,secretary of ,state-- 7,a7 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      
7a77#a71 including-- 7i7 information    
gathered through the program established
 under subsection 7b72  7ii7 information
 from any agency of the ,united ,states 
,government1 including reports under    
subsection 7a77#c72  7iii7 information  
referred by ,members of ,congress2 and  
7iv7 credible reports or information    
gathered by members of the media1       
nongovernmental organizations1 foreign  
countries1 international organizations1 
or academic experts2 and  7,b7 may      
consider exculpatory information        
proffered by the country if-- 7i7 the   
information can be independently        
authenticated by the ,united ,states2   
7ii7 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 7a77#a72 and    
7iii7 there is no evidence that the     
country has attempted to obstruct       

investigations by independent parties4  
7#b7 ,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 7a77#a71 the    
,secretary of ,state1 based on ,united  
,states standards and policy for the    
conduct of the ,united ,states ,armed   
,forces or international law1 as        
applicable1 shall make a determination  
as to the legality and appropriateness  
of-- 7,a7 the action or behavior2 and   
7,b7 the employment of defense articles 
or defense services acquired under this 
,act in the action or behavior4  7d7    
,designation of countries of concern    
7#a7 ,country of concern defined ,in    
this section1 the term country of       
concern-- 7,a7 means-- 7i7 a country    
designated as a country of concern by   
the ,president1 the ,secretary of       
,state1 the ,secretary of ,defense1 or  
the ,human ,rights and ,law of ,war     
,oversight ,board established under     

section #d of the ,values in ,arms      
,export ,act of #bjbj2  7ii7 a country  
designated as a country of concern by   
law or by ,congress through the adoption
 of a concurrent resolution2 or  7iii7  
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 #fbj,m of the      
,foreign ,assistance ,act of #aifa 7#bb 
,u4,s4,c4 #bcgh;d7 or section #cfb of   
title #aj1 ,united ,states ,code1       
notwithstanding any waiver exercised    
under such sections2 and  7,b7 does not 
include the ,north ,atlantic ,treaty    
,organization1 or any member country of 
such ,organization1 ,japan1 ,australia1 
the ,republic of ,korea1 ,israel1 or    
,new ,zealand4  7#b7 ,duration of       
designation ,the designation of a       
country as a country of concern under   
paragraph 7#a7-- 7,a7 shall remain in   
effect for a period of three years2 and 
7,b7 may be renewed1 before the previous

 designation expires1 in any manner in  
which a designation may be made under   
paragraph 7#a74  7#c7 ,expedited        
procedures  7,a7 ,consideration in      
,senate ,any bill1 joint resolution1 or 
concurrent resolution designating a     
country as a country of concern under   
paragraph 7#a77;,a77ii7 shall be        
considered in the ,senate in accordance 
with the provisions of section #fja7;b7 
of the ,international ,security         
,assistance and ,arms ,export ,control  
,act of #aigf 7,public ,law #id-cbi2 #ij
 ,stat4 #gfe74  7,b7 ,consideration in  
,house of ,representatives ,for the     
purpose of expediting the consideration 
of bills1 joint resolutions1 or         
concurrent resolutions designating a    
country as a country of concern under   
paragraph 7#a77;,a77ii71 a motion to    
proceed to the consideration of any such
 bill1 joint resolution1 or concurrent  
resolution after it has been reported by
 the appropriate committee shall be     
treated as highly privileged in the     

,house of ,representatives4  7e7        
,ineligibility for sales and transfers  
7#a7 ,in general ,a country shall be    
ineligible for sale or transfer of      
defense articles 7including spare parts 
for such articles7 or defense services1 
or the extension of credit 7including   
participation in the extension of       
credit7 or loan guarantees under this   
,act1 for a #aj-year period beginning   
on1 and shall immediately discontinue   
the use of1 or return to the ,united    
,states1 any covered defense articles in
 its possession effective as of1 the    
date-- 7,a7 the country is designated a 
country of concern under subsection 7d7 
for the second time in a #aj-year       
period2  7,b7 the ,secretary of ,state1 
in consultation with the ,secretary of  
,defense1 determines that the country1  
at the end of the three-year designation
 period under subsection 7d77#b71 has   
failed to demonstrate sufficient        
improvement in adherence to the         
principles described in subsection      

7a77#a72 or  7,c7 during the three-year 
designation period under subsection     
7d77#b71 the country engages in an      
action or behavior inconsistent with    
those principles4  7#b7 ,restoration of 
eligibility ,a country may qualify for  
early termination of the #aj-year       
ineligibility period under paragraph    
7#a7-- 7,a7 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 based1 which shall     
include-- 7i7 enacting and enforcing new
 laws or policy2  7ii7 substantial      
remedial training for government        
officials and members of the military or
 security forces2  7iii7 in the case of 
organized armed groups that are not part
 of the formal chain of command for     
regular and irregular forces of the     
country1 but that are controlled or     
supported by the country to any degree1 
taking actions to cease any support for 

or affiliation with those organizations 
or to cause them to cease participation 
in hostilities2 and  7iv7 fully         
investigating and holding accountable   
individuals at any level who were       
responsible for human rights and law of 
armed conflict violation2 and  7,b7 upon
 the enactment of a joint resolution    
approving such early termination of     
ineligibility4  7#c7 ,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 concern4  7#d7  
,waiver for valid training  7,a7 ,in    
general ,the ,president may waive the   
application of this subsection to       
,international ,military ,education and 
,training 7,,imet7 assistance or        
training provided by any ,united ,states
 ,government agency1 and carried out by 
,united ,states ,government personnel1  
relating to the law of armed conflict1  

human rights1 anticorruption1 or similar
 issues4  7,b7 ,limitation on scope of  
waiver ,in no case may a waiver under   
subparagraph 7,a7 extend to cover       
operations that are part of any armed   
conflict or any activity that would be  
subject to the ,war ,powers ,resolution 
7#ej ,u4,s4,c4 #aeda et seq474  7#e7    
,covered defense article defined ,in    
this subsection1 the term covered       
defense article means-- 7,a7 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 concern2 and  7,b7 any    
spare parts or services related to the  
defense article determined to have been 
involved in the country's designation as
 a country of concern4  7f7 ,imposition 
of sanctions with respect to government 
officials  7#a7 ,in general ,the        
,secretary of the ,treasury shall impose
 sanctions pursuant to the              
,international ,emergency ,economic     

,powers ,act 7#ej ,u4,s4,c4 #agja et    
seq47 with respect to appropriate       
officials of the government of a country
 described in subsection 7e77#a74 ,in   
imposing such sanctions1 the ,secretary 
shall prioritize senior members of the  
government1 or those in significant     
leadership positions1 who have authority
 over the personnel or conduct involved 
in the country's designation as a       
country of concern4  7#b7 ,waiver ,the  
,president may waive the imposition of  
sanctions under paragraph 7#a7 with     
respect to an official described in that
 paragraph if the ,president-- 7,a7     
determines that it is in the vital      
national security interests of the      
,united ,states to issue the waiver2 and
  7,b7 submits to ,congress a           
justification for the waiver1 including 
a comprehensive explanation for why the 
official should receive the waiver4     
7#c7 ,reports required ,not later than  
one year after the date of the enactment
 of this section1 and annually          

thereafter1 the ,secretary of the       
,treasury shall submit to ,congress a   
report on the imposition of sanctions   
under paragraph 7#a7 that includes--    
7,a7 a description of any waivers issued
 under paragraph 7#b72 and  7,b7 an     
assessment of the effectiveness of the  
sanctions in changing the action or     
behavior of each country that resulted  
in ineligibility under subsection 7e74  
7g7 ,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 7a77#a74 ,no    
such sale or transfer shall be permitted

 without inclusion of such requirements4
  7h7 ,reports required  7#a7 ,in       
general ,not later than #ahj days after 
the date of the enactment of this       
section1 and every #ahj days thereafter1
 the ,secretary of ,state shall submit  
to ,congress a report that includes--   
7,a7 an assessment of whether each      
country of concern has engaged in       
actions or behavior inconsistent with   
the principles described in subsection  
7a77#a7 during the #ahj-;day period     
preceding submission of the report1     
including any progress in improving1 or 
worsening of1 such actions or behavior  
of that country2  7,b7 an identification
 of each country of concern for which1  
during the #ahj-;day period following   
submission of the report-- 7i7 the      
designation of the country as a country 
of concern will expire2  7ii7 more than 
#aj years will have elapsed following   
the designation of the country as a     
country of concern2 or  7iii7 a #aj-year
 ineligibility period under subsection  

7e7 will expire2  7,c7 an assessment of 
any progress made during the #ahj-;day  
period preceding submission of the      
report by a country subject to a        
#aj-year ineligibility period under     
subsection 7e7 toward eligibility for   
early termination of that period under  
paragraph 7#b7 of that subsection2  7,d7
 all reports submitted pursuant to      
subsection 7a77#c7 during the #ahj-;day 
period preceding submission of the      
report2  7,e7 in coordination with the  
,secretary of ,defense1 the findings of 
the program established under subsection
 7b71 including any instances in which a
 country failed to fully comply with the
 program2 and  7,f7 an identification of
 any country that has failed to fully   
comply with investigations described in 
subsection 7g74  7#b7 ,form of report   
,each report required by paragraph 7#a7 
shall be submitted in unclassified form 
to the maximum extent possible1 but may 
include a classified annex4  7i7 ,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 7#ej ,u4,s4,c4 
#aeda et seq474  4  #c4 ,required       
assessment of risk of exported weapons  
being used to violate principles of     
human rights or the law of armed        
conflict  7a7 ,letters of offer ,section
 #cf7;b77#a7 of the ,arms ,export       
,control ,act 7#bb ,u4,s4,c4            
#bggf7;b77#a77 is amended-- 7#a7 in     
subparagraph 7,o71 by striking 2 and and
 inserting a semicolon2  7#b7 in        
subparagraph 7,p71 by striking the      
period at the end and inserting 2 and2  
and  7#c7 by inserting after            
subparagraph 7,p7 the following new     
subparagraph3  7,q7 an assessment of the
 risk of the defense articles1 defense  
services1 or design and construction    
services to be offered being used to    

violate principles of human rights or   
the law of armed conflict1 prepared by  
the ,secretary of ,state through the    
,assistant ,secretary for the ,bureau of
 ,democracy1 ,human ,rights1 and ,labor1
 in consultation with the ,secretary of 
,defense and the ,director of ,central  
,intelligence4  4  7b7 ,export license  
applications ,section #cf7;c77#a7 of the
 ,arms ,export ,control ,act 7#bb       
,u4,s4,c4 #bggf7;c77#a77 is amended--   
7#a7 by striking and 7,c7 and inserting 
7,c72 and  7#b7 by inserting after items
 to be exported the following3 1 and    
7,d7 an assessment of the risk of the   
items being used to violate principles  
of human rights or the law of armed     
conflict1 prepared by the ,secretary of 
,state through the ,assistant ,secretary
 for the ,bureau of ,democracy1 ,human  
,rights1 and ,labor1 in consultation    
with the ,secretary of ,defense and the 
,director of ,central ,intelligence4    
#d4 ,human ,rights and ,law of ,war     
,oversight ,board  7a7 ,in general      

,there is established as an independent 
agency within the executive branch a    
,human ,rights and ,law of ,war         
,oversight ,board 7referred to in this  
section as the ,board74  7b7 ,purpose   
,the ,board shall-- 7#a7 analyze and    
review the actions and conduct of       
recipient countries for strict adherence
 to the law of armed conflict and human 
rights principles1 and their continual  
efforts to improve such adherence2 and  
7#b7 ensure that human rights and law of
 armed conflict concerns are            
appropriately considered in the         
negotiation1 approval1 and execution of 
arms sales1 including as required under 
section #dj;,c of the ,arms ,export     
,control ,act1 as added by section #b of
 this ,act4  7c7 ,functions  7#a7       
,advice and counsel on policy           
development and implementation ,the     
,board shall-- 7,a7 review proposed     
legislation1 regulations1 and policies  
related to international arms sales2    
7,b7 advise the ,president and the      

departments1 agencies1 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 legislation1 regulations1 policies1
 and guidelines2  7,c7 in providing     
advice on such proposals1 consider      
whether such proposals would-- 7i7      
diminish to any degree the oversight by 
entities of the executive branch of the 
end use of ,united ,states-provided     
arms2 or  7ii7 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 sales2 and  7,d7 submit to      
,congress1 the ,president1 or the head  
of any executive branch department1     
agency1 or entity1 such recommendations 
for policy1 regulation1 or law relevant 
to the purpose or functions of the      
,board that the ,board deems advisable4 
7#b7 ,oversight ,the ,board shall       

continually review-- 7,a7 the           
regulations1 policies1 and procedures1  
and the implementation of the           
regulations1 policies1 and procedures1  
of the departments1 agencies1 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 process1 including end use2  7,b7 
whether entities of the executive branch
 are adhering to such policies2  7,c7   
other actions by the executive branch   
relating to arms sales to determine     
whether such actions-- 7i7 diminish to  
any degree the oversight by entities of 
the executive branch of the end use of  
,united ,states-provided arms2 or  7ii7 
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 sales2  
and  7,d7 the adherence of recipient    

states to human rights principles and   
the law of armed conflict1 the extent to
 which ,united ,states-provided weapons 
are being used or could be used in      
contravention of those principles and   
laws1 and whether recipient states are  
working to improve their adherence to   
the maximum extent of their             
capabilities4  7#c7 ,testimony ,the     
members of the ,board shall appear and  
testify before ,congress upon request4  
7#d7 ,assessments ,the ,board shall     
submit to ,congress1 at the time of any 
notification under subsection 7b7 or 7c7
 of section #cf of the ,arms ,export    
,control ,act 7#bb ,u4,s4,c4 #bggf71 the
 assessment of the ,board1 along with   
any minority views1 of the              
appropriateness of the proposed sale    
based on the recipient state's adherence
 to principles of human rights and the  
law of armed conflict4  7d7             
,designations  7#a7 ,in general ,the    
,board may in its sole discretion1 by a 
majority vote of the ,members1 designate

 a country as a country of concern under
 section #dj;,c7d77#a77;,a77i7 of the   
,arms ,export ,control ,act1 as added by
 section #b of this ,act4 ,not later    
than the time of the designation1 the   
,board shall transmit to the ,senate1   
the ,house of ,representatives1 and the 
,president the ,board's determination   
supporting such designation1 along with 
any minority views4 ,the determination  
shall be in unclassified form to the    
maximum extent possible1 but may include
 a classified annex as necessary4  7#b7 
,reversal ,the ,president may vacate a  
designation by the ,board under         
paragraph 7#a74 ,in exercising this     
authority1 the ,president shall submit  
to the ,board1 the ,senate1 and the     
,house of ,representatives a detailed   
justification for the action4 ,this     
authority may not be delegated4  7e7    
,reports  7#a7 ,in general ,the ,board  
shall periodically1 but not less        
frequently than annually1 submit to the 
,senate1 the ,house of ,representatives1

 and the ,president a report on the     
activities of the ,board4  7#b7         
,elements ,the report required under    
paragraph 7#a7 shall include the        
following elements3 7,a7 ,a description 
of the major activities of the ,board   
during the preceding period4  7,b7      
,information on the findings1           
conclusions1 and recommendations of the 
,board resulting from its advice and    
oversight functions under subsection    
7c74  7,c7 ,the minority views on any   
findings1 conclusions1 and              
recommendations of the ,board resulting 
from its advice and oversight functions 
under subsection 7c74  7,d7 ,a summary  
of each proposal reviewed by the ,board 
under subsection 7c77#a7 that-- 7i7 the 
,board advised against implementation or
 advised significant modifications of2  
and  7ii7 notwithstanding such advice1  
actions were taken to implement4  7,e7  
,for the preceding period1 a description
 of any requests submitted under        
subsection 7g77#a77;,c7 for the issuance

 of subpoenas that were modified or     
denied by the ,attorney ,general4  7#c7 
,form ,the report required under this   
subsection shall be submitted in        
unclassified form to the greatest extent
 possible1 but may include a classified 
annex as necessary4  7f7 ,informing the 
public ,the ,board-- 7#a7 shall make its
 reports1 including its reports to      
,congress1 available to the public to   
the greatest extent that is consistent  
with the protection of classified       
information and applicable law2 and     
7#b7 shall hold public hearings and     
otherwise inform the public of its      
activities1 as appropriate and in a     
manner consistent with the protection of
 classified information and applicable  
law1 but may1 notwithstanding section   
#eeb;b of title #e1 ,united ,states     
,code1 meet or otherwise communicate in 
any number to confer or deliberate in a 
manner that is closed to the public4    
7g7 ,access to information  7#a7        
,authorization ,if determined by the    

,board to be necessary to carry out its 
responsibilities under this section1 the
 ,board is authorized to-- 7,a7 have    
access from any department1 agency1 or  
element of the executive branch1 or any 
,federal officer or employee of any such
 department1 agency1 or element1 to all 
relevant records1 reports1 audits1      
reviews1 documents1 papers1             
recommendations1 or other relevant      
material1 including classified          
information consistent with applicable  
law2  7,b7 interview1 take statements   
from1 or take public testimony from     
personnel of any department1 agency1 or 
element of the executive branch1 or any 
,federal officer or employee of any such
 department1 agency1 or element2  7,c7  
at the direction of a majority of the   
members of the ,board1 submit a written 
request to the ,attorney ,general that  
the ,attorney ,general require1 by      
subpoena1 persons 7other than           
departments1 agencies1 and elements of  
the executive branch7 to produce any    

relevant information1 documents1        
reports1 answers1 records1 accounts1    
papers1 and other documentary or        
testimonial evidence2 and  7,d7 conduct 
travel or site visits4  7#b7 ,assistance
 ,the ,secretary of ,state1 the         
,secretary of ,defense1 and any other   
head of a department1 agency1 or entity 
shall provide to the ,board any         
necessary assistance to facilitate      
activities set forth under paragraph    
7#a74  7#c7 ,review of subpoena request 
7,a7 ,in general ,not later than #cj    
days after the date of receipt of a     
request by the ,board under paragraph   
7#a77;,c71 the ,attorney ,general       
shall-- 7i7 issue the subpoena as       
requested2 or  7ii7 provide the ,board1 
in writing1 with an explanation of the  
grounds on which the subpoena request   
has been modified or denied4  7,b7      
,notification ,if a subpoena request is 
modified or denied under subparagraph   
7,a77ii71 the ,attorney ,general shall1 
not later than #e days after the date of

 that modification or denial1 notify the
 ,senate and the ,house of              
,representatives4  7#d7 ,enforcement of 
subpoena ,in the case of contumacy or   
failure to obey a subpoena issued       
pursuant to paragraph 7#a77;,c71 the    
,united ,states district court for the  
judicial district in which the          
subpoenaed person resides1 is served1 or
 may be found may issue an order        
requiring such person to produce the    
evidence required by such subpoena4     
7#e7 ,agency cooperation ,whenever      
information or assistance requested     
under subparagraph 7,a7 or 7,b7 of      
paragraph 7#a7 is1 in the judgment of   
the ,board1 unreasonably refused or not 
provided1 the ,board shall report the   
circumstances to the head of the        
department1 agency1 or element concerned
 without delay4 ,the head of the        
department1 agency1 or element concerned
 shall ensure that the ,board is given  
access to the information1 assistance1  
material1 or personnel the ,board       

determines to be necessary to carry out 
its functions4  7#f7 ,access ,nothing in
 this section shall be construed to     
authorize the ,board1 or any agent      
thereof1 to gain access to information  
regarding an activity covered by section
 #ejc7;a7 of the ,national ,security    
,act of #aidg 7#ej ,u4,s4,c4 #cjic7;a774
  7h7 ,membership  7#a7 ,members ,the   
,board shall be composed of a full-time 
chairman and four additional members1   
who shall be appointed by the           
,president1 by and with the advice and  
consent of the ,senate4  7#b7           
,qualifications  7,a7 ,in general       
,members of the ,board shall be selected
 solely on the basis of their           
professional qualifications1            
achievements1 public stature1 expertise 
in human rights and the law of armed    
conflict1 and relevant experience1 and  
without regard to political affiliation1
 but in no event shall more than three  
members of the ,board be members of the 
same political party4  7,b7 ,prohibition

 on appointment of individuals employed 
by certain entities ,an individual who  
was employed1 during the preceding      
#e-year period1 by an entity that       
engages in activities subject to the    
,arms ,export ,control ,act 7#bb        
,u4,s4,c4 #bgea et seq47 is not eligible
 to serve as a member of the ,board4    
7,c7 ,selection of members not of       
political party of ,president ,the      
,president shall1 before appointing an  
individual who is not a member of the   
same political party as the ,president1 
consult with the leadership of that     
party1 if any1 in the ,senate and the   
,house of ,representatives4  7#c7       
,incompatible office ,an individual     
appointed to the ,board may not1 while  
serving on the ,board1 be an elected    
official1 officer1 or employee of the   
,federal ,government1 other than in the 
capacity as a member of the ,board4     
7#d7 ,term ,each member of the ,board   
shall serve a term of #f years1 except  
that-- 7,a7 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 term2 and  7,b7 upon the expiration
 of the term of office of a member1 the 
member shall continue to serve until the
 member's successor has been appointed  
and qualified1 except that no member may
 serve under this subparagraph-- 7i7 for
 more than #fj days when ,congress is in
 session unless a nomination to fill the
 vacancy shall have been submitted to   
the ,senate2 or  7ii7 after the         
adjournment sine die of the session of  
the ,senate in which such nomination is 
submitted4  7#e7 ,quorum and meetings   
,the ,board shall meet upon the call of 
the chairman or a majority of its       
members4 ,three members of the ,board   
shall constitute a quorum4  7i7         
,compensation and travel expenses  7#a7 
,compensation  7,a7 ,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 #ecad
 of title #e1 ,united ,states ,code4    
7,b7 ,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  
#ecae of title #e1 ,united ,states      
,code1 for each day during which that   
member is engaged in the actual         
performance of the duties of the ,board4
  7#b7 ,travel expenses ,members of the 
,board shall be allowed travel expenses1
 including per diem in lieu of          
subsistence1 at rates authorized for    
persons employed intermittently by the  
,government under section #egjc7;b7 of  
title #e1 ,united ,states ,code1 while  
away from their homes or regular places 
of business in the performance of       
services for the ,board4  7j7 ,staff    
7#a7 ,appointment and compensation ,the 
chairman of the ,board1 in accordance   
with rules agreed upon by the ,board1   
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  
functions1 without regard to the        
provisions of title #e1 ,united ,states 
,code1 governing appointments in the    
competitive service1 and without regard 
to the provisions of chapter #ea and    
subchapter ,,iii of chapter #ec of such 
title relating to classification and    
,general ,schedule pay rates1 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 #ecaf of title #e1 ,united      
,states ,code4  7#b7 ,appointment in    
absence of chairman ,if the position of 
chairman of the ,board is vacant1 during
 the period of the vacancy1 the ,board1 
at the direction of the unanimous vote  
of the serving members of the ,board1   
may exercise the authority of the       
chairman under paragraph 7#a74  7#c7    
,detailees ,any ,federal employee may be
 detailed to the ,board without         

reimbursement from the ,board1 and such 
detailee shall retain the rights1       
status1 and privileges of the detailee's
 regular employment without             
interruption4  7#d7 ,consultant services
 ,the ,board may procure the temporary  
or intermittent services of experts and 
consultants in accordance with section  
#caji of title #e1 ,united ,states      
,code1 at rates that do not exceed the  
daily rate paid a person occupying a    
position at level ,,iv of the ,executive
 ,schedule under section #ecae of such  
title4  7k7 ,security clearances  7#a7  
,in general ,the appropriate            
departments1 agencies1 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 requirements4  7#b7      
,rules and procedures ,after            
consultation with the ,secretary of     
,defense1 the ,attorney ,general1 and   

the ,director of ,national              
,intelligence1 the ,board shall adopt   
rules and procedures of the ,board for  
physical1 communications1 computer1     
document1 personnel1 and other security 
relating to carrying out the functions  
of the ,board4  7l7 ,treatment as       
agency1 not as advisory committee ,the  
,board-- 7#a7 is an agency 7as defined  
in section #eea7a7 of title #e1 ,united 
,states ,code72 and  7#b7 is not an     
advisory committee 7as defined in       
section #c7b7 of the ,federal ,advisory 
,committee ,act 7#e ,u4,s4,c4 ,app4774  
7m7 ,ethics policy  7#a7 ,in general    
,not later than #ahj days after the     
first date on which three members have  
been appointed to the ,board1 by and    
with the advice and consent of the      
,senate1 the ,board shall adopt policies
 governing ethical conduct of its       
members and staff1 which shall include--
 7,a7 restrictions on lobbying or       
advocating to the ,board by entities    
that engage in activities covered by the

 ,arms ,export ,control ,act 7#bb       
,u4,s4,c4 #bgea et seq472 and  7,b7     
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 ,board4  7#b7
 ,review ,the ,board shall review and   
revise as appropriate such policies not 
less frequently than every three years4 
7#c7 ,transmission to ,president and    
,congress ,the ,board shall transmit the
 policies required by paragraph 7#a71   
and any revisions to such policies under
 paragraph 7#b71 to the ,president and  
to ,congress4  7n7 ,initial assessment  
,the ,board shall conduct an initial    
assessment of the capability of the     
,department of ,state1 the ,department  
of ,defense1 and the ,defense ,security 
,cooperation ,agency to carry out the   
requirements of section #dj;,c of the   
,arms ,export ,control ,act1 as added by
 section #b of this ,act4 ,the ,board   
shall transmit to ,congress a report on 
its findings not later than #ah months  

after the first date on which three     
members shall have been appointed to the
 ,board1 by and with the advice and     
consent of the ,senate4  7o7            
,authorization of appropriations ,there 
are authorized to be appropriated to    
carry out this section amounts as       
follows3 7#a7 ,for fiscal year #bjba1   
#e1jjj1jjj4  7#b7 ,for fiscal year      
#bjbb1 #g1jjj1jjj4  7#c7 ,for fiscal    
year #bjbc1 #i1jjj1jjj4  7#d7 ,for      
fiscal year #bjbd1 #aa1jjj1jjj4  7#e7   
,for fiscal year #bjbe and each         
subsequent fiscal year1 such sums as may
 be necessary4  #e4 ,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 7b77#a7 of       
section #dj;,b of the ,arms ,export     
,control ,act1 as redesignated by       
section #b7a71 is amended by inserting  
7including use to commit serious        
violations of the laws of armed conflict

 and international human rights law7    
after to diversion or other misuse4  #f4
 ,consideration of risk of commission of
 violations of human rights or the law  
of armed conflict in issuing export     
licenses ,section #ch7;a77#b7 of the    
,arms ,export ,control ,act 7#bb        
,u4,s4,c4 #bggh7;a77#b77 is amended by  
inserting after conflict1 the following3
 be used to commit violations of human  
rights or the law of armed conflict14   
#g4 ,initial designations of countries  
of concern  7a7 ,designations ,saudi    
,arabia and the ,united ,arab ,emirates 
are hereby designated as countries of   
concern for purposes of section #dj;,c  
of the ,arms ,export ,control ,act1 as  
added by section #b of this ,act4  7b7  
,basis for designations ,the            
designations under subsection 7a7 are   
based on the following defense articles3
 7#a7 ,,gbu-#ab ,paveway ,,ii ,laser    
,guided ,bomb4  7#b7 ,,gbu-#ca_/cb_/ch  
,joint ,direct ,attack ,munition4  7#c7 
,,mk-#hb bomb4  7#d7 ,white phosphorus  

munitions1  #h4 ,comptroller ,general   
report ,not later than three years after
 the date of the enactment of this ,act1
 the ,comptroller ,general of the       
,united ,states shall submit to         
,congress a report reviewing the        
implementation of section #dj;,c of the 
,arms ,export ,control ,act1 as added by
 section #b of this ,act4