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This section establishes the Silver Shield operational end-use monitoring program in the Department of State, to be implemented not later than one year after enactment, to improve accountability for defense articles and services sold, leased, transferred, or exported under the Arms Export Control Act or Foreign Assistance Act. The program must (1) monitor for credible information that recipients used such articles or services to inflict civilian harm or violate international humanitarian or human rights law; (2) determine through monitoring whether they were used to commit genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, or other serious violations of such law; (3) require an ineligibility determination under section 3 of the Arms Export Control Act within 180 days of an affirmative finding under (2); (4) incorporate data, best practices, and lessons learned from the Civilian Harm Incident Response Guidance, Leahy Laws (i.e., 10 U.S.C. 362 and 22 U.S.C. 2378d, which generally prohibit U.S. security assistance to foreign units committing gross human rights violations), National Security Memorandum 20, Golden Sentry End-Use Monitoring Program, and Blue Lantern program; and (5) use specified information sources (e.g., U.S. government reports, eyewitness interviews, satellite imagery, nongovernmental organization reports, and a public online portal). Implementation requires coordination among specified Department of State and Defense offices and agencies, along with consultation with relevant experts; the President must also establish an external advisory board of academic and nongovernmental experts for periodic consultations on research methodology, information sources, and investigative best practices.
This section amends the Arms Export Control Act (AECA) and Foreign Assistance Act of 1961 (FAA) to impose new requirements on defense article and service sales, exports, transfers, and grants. Specifically, it (1) requires the Secretary of State to enter into written agreements with recipients prohibiting use of U.S.-origin defense articles or services to commit or facilitate violations of international humanitarian law or human rights law, or in actions rendering the recipient ineligible for U.S. assistance, and—where end-users are not vetted at the unit level under Leahy law provisions (10 U.S.C. 362 or FAA §620M)—to include lists of ineligible units; (2) adds eligibility conditions requiring recipient agreements not to use such articles or services for serious violations of international humanitarian or human rights law; and (3) limits authorized purposes for military sales or leases to "legitimate" internal security forces and explicitly excludes serious violations of international humanitarian or human rights law. The section directs the Secretaries of State and Defense to update relevant policies and doctrine, including subsuming the Civilian Harm Incident Response Guidance and reissuing DoD Instruction 4140.66, for consistency with these changes. The amendments take effect one year after enactment.
This section authorizes such sums as necessary to implement the Silver Shield program and deems the program eligible for funding as (1) an administrative service under the foreign military sales administrative surcharge authority in section 21(e)(1) of the Arms Export Control Act (22 U.S.C. 2761) and (2) an administrative and operational cost of the Department of State related to the Foreign Military Financing program under title IV of annual State Department, Foreign Operations, and Related Programs appropriations acts.
This section requires two reports on implementation of the Silver Shield program. (1) Not later than 180 days after enactment, the Secretary of State must submit to the appropriate congressional committees a report identifying necessary resources, staffing, and authorities to implement the program and requirements of section 2(a). (2) Not later than one year after program establishment and annually thereafter as part of annual congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961 (22 U.S.C. 2394), the President must submit to the appropriate congressional committees a report on actions taken to implement this Act and its amendments, including a detailed accounting of program costs and personnel; resource constraints such as staffing, funding, and authorities; numbers and range of operational end-use monitoring of U.S. arms transfers; numbers of identified incidents without initiated investigations; and numbers and status of ongoing investigations (including stage, duration, and any remaining in a stage for more than one year).
This section defines key terms for purposes of the Act, including (1) "appropriate congressional committees" as the House and Senate Committees on Foreign Affairs (House)/Foreign Relations (Senate), Armed Services, and Appropriations; (2) "civilian harm" as civilian casualties, damage to or destruction of civilian objects, and significant adverse effects on civilian populations, personnel, organizations, resources, infrastructure, essential services, and systems on which civilian life depends resulting from military operations; (3) "defense article" and "defense service" as having the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794)—which encompass weapons, munitions, military equipment and supplies, related services such as training and repair, and components thereof (with specified exclusions such as merchant vessels and certain nuclear materials); and (4) "operational end-use monitoring" as gathering and assessing information regarding the use of a defense article or defense service, including in relation to civilian harm or violations of international humanitarian law or international human rights law.