S.Amdt. 1389

SA 1389. Mr. VAN HOLLEN (for himself, Mr. Durbin, Mr. Schatz, Mr.
Kaine, Ms. Warren, Mr. Merkley, Mr. Welch, Mr. Heinrich, Mr. Carper,
Mr. Lujan, Mr. Sanders, Ms. Hirono, Mr. Markey, Ms. Smith, Mr. Warnock,
Ms. Butler, Ms. Baldwin, Mr. Ossoff, and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 1388 submitted by
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed
to the bill H.R. 815, to amend title 38, United States Code, to make
certain improvements relating to the eligibility of veterans to receive
reimbursement for emergency treatment furnished through the Veterans
Community Care program, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SAFEGUARDS AND ACCOUNTABILITY WITH RESPECT TO
TRANSFERRED DEFENSE ARTICLES AND DEFENSE
SERVICES.

(a) Requirements.--
(1) Compliance with international humanitarian law and law
of armed conflict.--Any defense articles or defense services
provided pursuant to this Act shall be used in accordance
with international law, including international humanitarian
law and the law of armed conflict, and United States law.
(2) Compliance with prohibition on assistance to countries
that restrict united states humanitarian assistance.--
(A) In general.--Consistent with section 620I(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378-1(a)), prior
to the disbursement of any defense articles or defense
services provided pursuant to this Act, the President shall
obtain assurances that the recipient country will cooperate
fully with any United States efforts and United States-
supported international efforts to provide humanitarian
assistance to civilians in an area of conflict where United
States defense articles or defense services are being used by
the recipient.
(B) Waiver.--The President may waive the requirement under
subparagraph (A) if the President determines that it is in
the national security interest of the United States to do so
and, consistent with section 620I(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378-1(c)), notifies the
appropriate congressional committees of the determination and
the reasons for making the determination.
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the obligation or expenditure of any
funds appropriated by this Act for air defense systems or
other systems that the President determines will be used for
strictly defensive purposes.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a separate report for each recipient country of
defense articles or defense services provided pursuant to
this Act on the use by such country, on or after January 1,
2023, of defense articles and defense services provided or
funded in whole or in part by the United States.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of measures taken to account for defense
articles or defense services designated for the recipient,
particularly measures with regard to such articles or
services that require enhanced end-use monitoring.
(B) A description of measures to ensure that such defense
articles or defense services reach their intended recipient
and are used

[[Page S455]]

for their intended purposes, and any other measures to
promote accountability for the use of such articles or
services.
(C) An assessment of whether such defense articles or
defense services have been used in a manner consistent with
international law, including international humanitarian law
and the law of armed conflict, United States law, and the
standards contained in National Security Memorandum/NSM-18,
dated February 23, 2023, entitled ``United States
Conventional Arms Transfer Policy''.
(D) A description of the procedures and mechanisms used to
make the assessment described in subparagraph (C).
(E) An assessment of--
(i) the extent to which the use of such defense articles or
defense services is consistent with United States practices
and mechanisms for minimizing civilian casualties, including
practices and mechanisms developed pursuant to the Defense
Department's Civilian Harm Mitigation and Response Action
Plan (CHMR-AP); and
(ii) the extent to which civilian harm mitigation
procedures and mechanisms have been incorporated in the
recipient's security assistance program pursuant to CHMR-AP
Objective 9.
(F) A description of the procedures and mechanisms used to
make the assessment described under subparagraph (E).
(G) A description of any occurrences of such defense
articles or defense services not reaching their intended
recipient or being used for their intended purposes, and a
description of any remedies taken.
(H) An assessment of whether the recipient of such defense
articles or defense services has been cooperating fully with
United States efforts and United States-supported
international efforts to provide humanitarian assistance to
civilians in an area of conflict where United States defense
articles or defense services are being used by the recipient.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a separate
classified annex.
(c) Definitions.--In this section,:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given
those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
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