[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5269-S5270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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

[[Page S5270]]

     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,''.
                                 ______