S.Amdt. 5795
What it does: Adds Subtitle G--Arms Export Control Act Amendments SEC. 1281. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO VIOLATE PRINCIPLES OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT at the end of title XII
Sen. Patty Murray (D-WA)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds Subtitle G--Arms Export Control Act Amendments SEC. 1281. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO VIOLATE PRINCIPLES OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT at the end of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Inserted: Subtitle G--Arms Export Control Act Amendments SEC. 1281. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO VIOLATE PRINCIPLES OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT.
Inserted: (a) Letters of Offer.--Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended--
Inserted: (1) in subparagraph (O), by striking "; and" and inserting a semicolon;
Inserted: (2) in subparagraph (P), by striking the period at the end and inserting "; and"; and
Inserted: (3) by inserting after subparagraph (P) the following new subparagraph:
Inserted: "(Q) an assessment of the risk of the defense articles, defense services, or design and construction services to be offered being used to violate principles of human rights or the law of armed conflict, 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.".
Inserted: (b) Export License Applications.--Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended--
Inserted: (1) by striking "and (C)" and inserting "(C)"; and
Inserted: (2) by inserting after "items to be exported" the following: ", and (D) an assessment of the risk of the items being used to violate principles of human rights or the law of armed conflict, 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".
Inserted: SEC. 1282. 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.
Inserted: (a) Technical Correction.--Chapter 3A of the Arms Export Control Act (22 U.S.C. 2785) is amended by redesignating the second section designated section 40A as section 40B.
Inserted: (b) Consideration of Human Rights Violations.--Subsection (b)(1) of section 40B of the Arms Export Control Act, as redesignated by subsection (a) of this section, is amended by inserting "(including use to commit serious violations of the laws of armed conflict and international human rights law)" after "to diversion or other misuse".
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Inserted: SEC. 1283. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT IN ISSUING EXPORT LICENSES.
Inserted: 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 human rights or the law of armed conflict,".
Original wording
At the end of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5795. Mrs. MURRAY submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Arms Export Control Act Amendments SEC. 1281. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS BEING USED TO VIOLATE PRINCIPLES OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT.
(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 the risk of the defense articles, defense services, or design and construction services to be offered being used to violate principles of human rights or the law of armed conflict, 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 the risk of the items being used to violate principles of human rights or the law of armed conflict, 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”.
SEC. 1282. 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.
(a) Technical Correction.--Chapter 3A of the Arms Export Control Act (22 U.S.C. 2785) is amended by redesignating the second section designated section 40A as section 40B.
(b) Consideration of Human Rights Violations.--Subsection (b)(1) of section 40B of the Arms Export Control Act, as redesignated by subsection (a) of this section, is amended by inserting “(including use to commit serious violations of the laws of armed conflict and international human rights law)” after “to diversion or other misuse”.
SEC. 1283. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT 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 human rights or the law of armed conflict,”.
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Senate amendment submitted
September 28, 2022