[Congressional Record Volume 170, Number 22 (Wednesday, February 7, 2024)]
[Senate]
[Pages S454-S455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
                                 ______