,i #aaith ,,congress #ast ,session ,h4 ,r4 #dejb ,,in ,,the ,,house ,,of ,,representatives ,july #ag1 #bjbe,ms4 ,jacobs 7for herself1 ,ms4 ,dean of ,pennsylvania1 ,mr4 ,keating1 and ,mr4 ,castro of ,texas7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to impose requirements with respect to monitoring the operational use of sales1 exports1 and transfers of defense articles and services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,silver ,shield ,operational ,end ,use ,monitoring ,act of #bjbe or the ,silver ,shield ,act of #bjbe4 #b4 ,establishment of silver shield operational end-use monitoring program 7a7 ,establishment of operational end-,use monitoring program 7#a7 ,in general ,in order to improve accountability with respect to defense articles and defense services sold1 leased1 transferred1 or exported under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 or the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 not later than #a year after the date of the enactment of this ,act1 the ,president shall establish a program1 to be known as the ,silver ,shield program1 to provide for operational end-use monitoring of such articles and services4 7#b7 ,requirements of program ,the ,silver ,shield program shall-- 7,a7 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 harm1 violate international humanitarian law1 or violate international human rights law2 7,b7 determine through operational end-use monitoring whether defense articles or defense services from the ,united ,states were used to commit-- 7i7 genocide2 7ii7 crimes against humanity2 7iii7 grave breaches of the ,geneva ,conventions of #aidi2 or 7iv7 other serious violations of international humanitarian or human rights law2 7,c7 require a determination of ineligibility1 pursuant to section #c of the ,arms ,export ,control ,act1 should a determination described in subparagraph 7,b7 be affirmative1 including a timeline of #ahj days to complete such determinations on such allegations of violation2 7,d7 incorporate data1 best practices1 and lessons learned from the implementation of-- 7i7 the ,civilian ,harm ,incident ,response ,guidance2 7ii7 programs to carry out the requirements of section #cfb of title #aj1 ,united ,states ,code and section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d7 7collectively referred to as the ,leahy ,laws72 7iii7 ,national ,security ,memorandum #bj2 7iv7 the ,golden ,sentry ,end-,use ,monitoring ,program2 and 7v7 the ,blue ,lantern program2 and 7,e7 incorporates sources of information for monitoring including-- 7i7 reports submitted by ,united ,states ,government personnel1 including ,united ,states embassy1 ,defense ,security ,cooperation ,agency1 or combatant command personnel2 7ii7 eyewitness interviews2 7iii7 publicly available photographic and video evidence2 7iv7 satellite imagery2 7v7 credible reports by non-governmental organizations and media2 7vi7 intelligence information2 7vii7 information submitted through a publicly available online portal to be integrated with the ,human ,rights ,reporting ,gateway2 7viii7 relevant forensic investigations2 7ix7 site visits by ,united ,states ,government personnel2 and 7x7 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 law4 7#c7 ,coordination ,the ,silver ,shield program shall be established in the ,department of ,state and shall be implemented through coordination between the following3 7,a7 ,the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 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 program4 7,b7 ,the ,office of the ,secretary1 the ,defense ,security ,cooperation ,agency1 and the ,civilian ,protection ,center of ,excellence of the ,department of ,defense4 7,c7 ,any other ,federal department or agency the ,president determines relevant to the establishment or implementation of the ,silver ,shield program4 7#d7 ,consultation ,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 corporations1 non-governmental organizations1 and academic institutions4 7b7 ,external advisory board ,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 law4 ,the heads of the agencies listed in subsection 7a77#c7 shall periodically consult with the external advisory board with respect to-- 7#a7 research methodology2 7#b7 information sources2 7#c7 investigative best practices2 and 7#d7 any other such information within the expertise of the advisory board and relevant to implementation of this ,act4 #c4 ,amendments to the ,arms ,export ,control ,act 7a7 ,arms export control act ,section #c of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgec7 is amended by adding at the end of the section the following-- 7h7 ,agreement relating to use of defense articles and services ,in addition to any other requirements under this ,act1 the ,president shall take such steps as may be necessary to ensure that-- 7#a7 prior to authorizing or licensing the sale1 export1 or transfer of any defense article or defense service to a foreign country or international organization1 the ,secretary of ,state shall enter into a written agreement with the appropriate counterparts providing that the government of such country or that such international organization will not use any defense article or defense service of ,united ,states origin-- 7,a7 to commit or facilitate a violation of international humanitarian law or international human rights law2 or 7,b7 in an action that would render the government or organization ineligible to receive ,united ,states assistance or arms transfers as a matter of ,united ,states law2 and 7#b7 if defense articles are sold1 exported1 or transferred to a foreign country pursuant to an agreement otherwise in accordance with the requirements of this ,act in which the intended end-user has not been identified at the unit level for purposes of the vetting required by section #cfb of title #aj1 ,united ,states ,code or section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d71 the written agreement required by paragraph 7#a7 for such sale1 export1 or transfer shall instead include a list of units ineligible to receive such articles1 consistent with applicable provisions of ,united ,states law4 4 7b7 ,eligibility for defense articles or services 7#a7 ,arms ,export ,control ,act ,section #c7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgec7;a77 is amended-- 7,a7 in paragraph 7#a71 by striking and promote world peace and inserting 1 will promote world peace and the safety of civilians12 7,b7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7,c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 the country or international organization shall have agreed not to use such article or service to commit or facilitate a serious violation of international humanitarian law or international human rights law2 and 4 7#b7 ,foreign ,assistance ,act of #aifa ,section #eje of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcad7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking 7a7 ,conditions of eligibility and all that follows through the matter preceding paragraph 7#a7 and inserting the following3 7a7 ,conditions of eligibility ,in addition to such other provisions as the ,president may require1 no defense articles or related training or other defense service shall be furnished to any country or international organization on a grant basis unless it shall have agreed that-- 2 7ii7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7iii7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7iv7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 it will not use such articles or services to commit or facilitate a serious violation of international humanitarian law or international human rights law2 and 2 and 7,b7 in subsection 7e71 by striking subsection 7a77#a7 or 7a77#d7 each place it appears and inserting subsection 7a77#a7 or 7a77#e74 7c7 ,authorized purpose for military sales ,section #d of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bged7 is amended-- 7#a7 by inserting legitimate before internal security2 and 7#b7 by inserting 1 to the extent that such defense articles and defense services will not be used in the commission of a serious violation of international humanitarian law or international human rights law4 ,the violation of international humanitarian law or international human rights law may not be construed to be an authorized purpose for military sales or leases by the ,united ,states4 after such friendly countries4 7d7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 7e7 ,updates to existing policy 7#a7 ,secretary of ,state ,the ,secretary of ,state shall-- 7,a7 subsume the ,civilian ,harm ,incident ,response ,guidance into the requirements of this ,act to carry out the ,department's operational end-use monitoring responsibilities2 and 7,b7 review other relevant policy and doctrine and1 as necessary1 amend any such policy or doctrine to ensure consistency with such amendments and to carry out such responsibilities4 7#b7 ,secretary of ,defense ,the ,secretary of ,defense shall-- 7,a7 reissue ,department of ,defense ,instruction #dadj4ff to ensure consistency with the amendments made by this ,act to carry out the ,department's operational end-use monitoring responsibilities2 and 7,b7 review other relevant policy and doctrine and1 as necessary1 amend any such policy or doctrine to ensure consistency with such amendments and to carry out such responsibilities4 #d4 ,authorization of appropriations 7a7 ,authorization ,there is authorized to be appropriated such sums as may be necessary to implement the ,silver ,shield program described in section #b4 7b7 ,application of foreign military sales administrative surcharge ,the ,silver ,shield program shall be considered an administrative service of the administration of sales made pursuant to section #ba7;e77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa74 7c7 ,application of foreign military financing administrative funds ,the ,silver ,shield program shall be considered an administrative and operational cost of the ,department of ,state related to military assistance and sales pursuant to funds authorized to carry out title ,,iv of the annual ,acts making appropriations for the ,state ,department1 ,foreign ,operations1 and ,related programs 7relating to the heading ,foreign ,military ,financing program74 #e4 ,reports 7a7 ,report on required resources ,not later than #ahj days after the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the necessary resources1 staffing1 and authorities to implement the ,silver ,shield program and requirements described in section #b7;a74 7b7 ,annual implementation report ,not later than #a year after the establishment of the program required by section #b1 and annually thereafter as a part of the annual congressional presentation documents submitted under section #fcd of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcid71 the ,president shall submit to the appropriate congressional committees a report describing the actions taken to implement this ,act and the amendments made by this ,act1 including the following3 7#a7 ,a detailed accounting of the costs and number of personnel associated with the ,silver ,shield program4 7#b7 ,resource constraints associated with the implementation of the program1 including staffing1 funding1 and authorities4 7#c7 ,the numbers and range of operational end-use monitoring of ,united ,states arms transfers4 7#d7 ,the number of identified incidents for which investigations have not yet been initiated4 7#e7 ,the number and status of ongoing investigations1 including the stage they are in1 how long such incidents have remained in such stage1 and if any have remained in such stage for more than #a year4 #f4 ,definitions ,in this ,act3 7a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives2 and 7#b7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate4 7b7 ,civilian harm ,the term civilian harm means civilian casualties1 damage to or destruction of civilian objects1 and significant adverse effects on the civilian population and the personnel1 organizations1 resources1 infrastructure1 essential services1 and systems on which civilian life depends resulting from military operations4 7c7 ,defense article2 ,defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7d7 ,operational end-,use monitoring ,the term operational end-use monitoring means gathering and assessing information regarding the use of a defense article or defense service1 including in civilian harm1 violations of international humanitarian law1 or international human rights law4