Baldwin, Colleagues Push for Amendment Requiring Use of U.S. Supplemental Aid to Comply with International Law

WASHINGTON, D.C. — Today, U.S. Senator Tammy Baldwin (D-WI) joined a group of her Senate colleagues in support of an amendment requiring 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. 

The Senators’ amendment also requires that the president report to 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. The amendment 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.

“The American people expect that when we use taxpayer dollars, it is accounted for and used in line with our values,” said Senator Baldwin. “As we work to help our allies defend themselves, it’s our responsibility to make sure our aid is used in accordance with international humanitarian law – just as our country regularly does.”

The Senators’ amendment:

1. 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. 
2. 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.  
3. 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

4. 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 was led by U.S. Senator Chris Van Hollen (D-MD) and supported by U.S. Senators Dick Durbin, (D-IL), Tim Kaine (D-VA), Brian Schatz (D-HI), 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), Mazie Hirono (D-HI), Ed Markey (D-MA), Tina Smith (D-MN), Raphael Warnock (D-GA), Laphonza Butler (D-CA), and Jon Ossoff (D-GA).

Full text of the amendment is available here.

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