Human Rights and Law of War Oversight Board

(a) In general There is established as an independent agency within the executive branch a Human Rights and Law of War Oversight Board (referred to in this section as the Board). (b) Purpose The Board shall— (1) analyze and review the actions and conduct of recipient governments for adherence to internationally recognized human rights and international humanitarian law, and their continual efforts to improve such adherence; and (2) ensure that internationally recognized human rights and international humanitarian law concerns are appropriately considered in the negotiation, approval, and execution of arms transfers, including as required under section 4 of the Arms Export Control Act (22 U.S.C. 2754), as amended by section 2(a) of this Act, and section 40C of the Arms Export Control Act, as added by section 2(b) of this Act. (c) Functions (1) Advice and counsel on policy development and implementation The Board shall— (A) review proposed legislation, regulations, and policies related to international arms transfers; (B) advise the President and the departments, agencies, and elements of the executive branch to ensure that internationally recognized human rights and international humanitarian law are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; (C) in providing advice on such proposals, consider whether such proposals would— (i) diminish to any degree the oversight by entities of the executive branch of the end use of United States-provided defense articles; or (ii) lessen to any degree the centrality of compliance by recipient governments with internationally recognized human rights and international humanitarian law as a core factor in decisions of whether to approve transfers; and (D) establish procedures to periodically, but not less than annually, submit to Congress, the President, or the head of any executive branch department, agency, or entity, such recommendations for policy, regulation, or law relevant to the purpose or functions of the Board that the Board deems advisable. (2) Oversight The Board shall continually review— (A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to arms transfers to ensure that internationally recognized human rights and international humanitarian law are a central focus and consideration at each stage of the arms transfer process, including end use; (B) whether entities of the executive branch are adhering to such policies; (C) other actions by the executive branch relating to arms transfers to determine whether such actions— (i) diminish to any degree the oversight by entities of the executive branch of the end use of United States-provided defense articles; or (ii) lessen to any degree the centrality of compliance by recipient governments with internationally recognized human rights and international humanitarian law as a core factor in decisions of whether to approve transfers; and (D) the adherence of recipient governments to internationally recognized human rights and international humanitarian law, the extent to which United States-provided defense articles are being used or could be used in contravention of those principles and laws, and whether recipient governments are working to improve their adherence to the maximum extent of their capabilities. (3) Testimony The members of the Board shall appear and testify before Congress upon request. (4) Assessments The Board shall submit to Congress, at the time of any notification under subsection (b) or (c) of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the assessment of the Board, along with any minority views, of the appropriateness of the proposed transfer based on the recipient government’s adherence to internationally recognized human rights and international humanitarian law. (d) Designations (1) In general The Board may in its sole discretion, by a majority vote of the Members, designate a foreign government as a country of concern under section 40C(d)(1)(A) of the Arms Export Control Act, as added by section 2 of this Act. Not later than the time of the designation, the Board shall transmit to the Senate, the House of Representatives, and the President the Board's determination supporting such designation, along with any minority views. The determination shall be submitted in unclassified form, but may include a classified annex. (2) Reversal The President may vacate a designation by the Board under paragraph (1). In exercising this authority, the President shall submit to the Board, the Senate, and the House of Representatives a detailed justification for the action. This authority may not be delegated. Such justification shall be submitted in unclassified form, but may include a classified annex. (e) Reports (1) In general The Board shall periodically, but not less frequently than annually, submit to the Senate, the House of Representatives, and the President a report on the activities of the Board. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description of the major activities of the Board during the preceding period. (B) Information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c). (C) The minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c). (D) A summary of each proposal reviewed by the Board under subsection (c)(1) that— (i) the Board advised against implementation or advised significant modifications of; and (ii) notwithstanding such advice, actions were taken to implement. (E) For the preceding period, a description of any requests submitted under subsection (g)(1)(C) for the issuance of subpoenas that were modified or denied by the Attorney General. (3) Form The report required under this subsection shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex as necessary. (f) Informing the public The Board— (1) shall make its reports, including its reports to Congress, available on a publicly accessible website within 30 days of transmittal to Congress to the greatest extent that is consistent with the protection of classified information and applicable law; and (2) shall hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law, but may, notwithstanding section 552b of title 5, United States Code, meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public. (g) Access to information (1) Authorization If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to— (A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law; (B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element; (C) at the direction of a majority of the members of the Board, submit a written request to the Attorney General that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence; and (D) conduct travel or site visits. (2) Assistance The Secretary of State, the Secretary of Defense, and any other head of a department, agency, or entity shall provide to the Board any necessary assistance to facilitate activities set forth under paragraph (1). (3) Review of subpoena request (A) In general Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(C), the Attorney General shall— (i) issue the subpoena as requested; or (ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied. (B) Notification If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 5 days after the date of that modification or denial, notify the Senate and the House of Representatives. (4) Enforcement of subpoena In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(C), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena. (5) Agency cooperation Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions. (6) Access Nothing in this section shall be construed to authorize the Board, or any agent thereof, to gain access to information regarding an activity covered by section 503(a) of the National Security Act of 1947 (50 U.S.C. 3093(a)). (h) Membership (1) Members The Board shall be composed of a full-time chair and four additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications (A) In general Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in internationally recognized human rights and international humanitarian law, and relevant experience, and without regard to political affiliation, but in no event shall more than three members of the Board be members of the same political party. (B) Prohibition on appointment of individuals employed by certain entities An individual who was employed, during the preceding 5-year period, by an entity that engages in activities subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) is not eligible to serve as a member of the Board. (C) Selection of members not of political party of President The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and the House of Representatives. (3) Incompatible office An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board. (4) Term Each member of the Board shall serve a term of 6 years, except that— (A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and (B) upon the expiration of the term of office of a member, the member shall continue to serve until the member’s successor has been appointed and qualified, except that no member may serve under this subparagraph— (i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or (ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted. (5) Quorum and meetings The Board shall meet upon the call of the chair or a majority of its members. Three members of the Board shall constitute a quorum. (i) Compensation and travel expenses (1) Compensation (A) Chair The chair of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (B) Members Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board. (2) Travel expenses Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (j) Staff (1) Appointment and compensation The chair of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Appointment in absence of chair If the position of chair of the Board is vacant, during the period of the vacancy, the Board, at the direction of the unanimous vote of the serving members of the Board, may exercise the authority of the chair under paragraph (1). (3) Detailees Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption. (4) Consultant services The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. (k) Security clearances (1) In general The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements. (2) Rules and procedures After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board. (l) Treatment as agency, not as advisory committee The Board— (1) is an agency (as defined in section 551(1) of title 5, United States Code); and (2) is not an advisory committee (as defined in section 1001(2) of title 5, United States Code). (m) Ethics policy (1) In general Not later than 180 days after the first date on which three members have been appointed to the Board, by and with the advice and consent of the Senate, the Board shall adopt policies governing ethical conduct of its members and staff, which shall include— (A) restrictions on lobbying or advocating to the Board by entities that engage in activities covered by the Arms Export Control Act (22 U.S.C. 2751 et seq.); and (B) periods of prohibition on employment of members and staff of the Board by such entities following their service on the Board or the staff of the Board. (2) Review The Board shall review and revise as appropriate such policies not less frequently than every three years. (3) Transmission to President and Congress The Board shall transmit the policies required by paragraph (1), and any revisions to such policies under paragraph (2), to the President and to Congress. (n) Initial assessment The Board shall conduct an initial assessment of the capability of the Department of State, the Department of Defense (including the Defense Security Cooperation Agency), and the Department of Commerce to carry out the requirements of section 40C of the Arms Export Control Act, as added by section 2(b) of this Act. The assessment should evaluate the capability of each of these departments separately and their ability to effectively coordinate across the United States Government. The Board shall transmit to Congress a report on its findings not later than 18 months after the first date on which three members shall have been appointed to the Board, by and with the advice and consent of the Senate. (o) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (1) For fiscal year 2027, $5,000,000. (2) For fiscal year 2028, $7,000,000. (3) For fiscal year 2029, $9,000,000. (4) For fiscal year 2030, $11,000,000. (5) For fiscal year 2031 and each subsequent fiscal year, such sums as may be necessary.