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Hirono, Colleagues File Amendment Requiring the Use of U.S. Supplemental Aid Comply with U.S., International Law

WASHINGTON, DC – Today, U.S. Senator Mazie K. Hirono (D-HI) joined 19 of her Senate colleagues in filing an amendment to require that the weapons received by any country under the proposed national security supplemental are used in accordance with U.S. law, international humanitarian law, and the law of armed conflict.

“This amendment will help to ensure that American military aid is being used in accordance with international humanitarian law and aligns with our country’s values,” said Senator Hirono. “As we continue to deliver assistance to our allies, it is critical that transparency and accountability are prioritized.”

The Senators’ amendment also requires that the president report to the Congress on whether countries receiving military equipment paid for by American taxpayers meet that test and whether the use of U.S-supplied weapons comports with established presidential directives on arms transfers and Defense Department policies for reducing harm to civilians. And it would buttress current law that prohibits U.S. security assistance to any country that prevents or restricts U.S. humanitarian assistance to those in need, subject to a presidential waiver. The amendment does not apply to funds for air defense systems or other systems that the president determines will be used for strictly defensive purposes.

Specifically, the Senators’ amendment:

  • Requires that the weapons received by any country under this bill are used in accordance with U.S. law, international humanitarian law and the law of armed conflict.
  • Requires that the president obtain assurances that any country receiving weapons through this bill cooperate fully with U.S.-supported efforts to provide humanitarian assistance to those in need, subject to a presidential waiver.  
  • Requires that the president report to the Congress within 30 days on whether each country receiving U.S. security assistance through this bill is:
    • Using U.S.-funded military equipment in accordance with:
      • Their intended purposes and U.S. end-use monitoring programs;
      • international humanitarian law, the law of armed conflict, and U.S. law;
      • the President’s 2023 Conventional Arms Transfer (CAT) Policy and the Defense Department’s Civilian Harm Mitigation and Response Action Plan (CHMR-AP);
    • Fully cooperating with U.S. efforts and U.S.-supported international efforts to provide humanitarian assistance to civilians
  • Clarifies that these provisions do not apply to funds for air defense systems or other systems that the president determines will be used for strictly defensive purposes.

The amendment, led by Senators Chris Van Hollen (D-MD), Dick Durbin (D-IL), Tim Kaine (D-VA), and Brian Schatz (D-HI), was also supported by Senators Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Peter Welch (D-VT), Martin Heinrich (D-NM), Tom Carper (D-DE), Ben Ray Luján (D-NM), Bernie Sanders (I-VT), Ed Markey (D-MA), Tina Smith (D-MN), Raphael Warnock (D-GA), Laphonza Butler (D-CA), Tammy Baldwin (D-WI), Jon Ossoff (D-GA), and Chris Murphy (D-CT).

The full text of the amendment is available here.

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