Lawmakers request answers to specific questions on collecting information, making assessments under NSM-20
Washington (March 8, 2024) - Senator Edward J. Markey (D-Mass.) joined Senator Chris Van Hollen (D-Md.), who led a dozen of his Senate colleagues, in a letter to the Administration requesting a briefing on the implementation of National Security Memorandum 20, the recently released policy memorandum based on the senators’ amendment to the National Security Act. NSM-20 for the first time requires recipients of U.S. assistance to provide written assurances that they will use assistance in compliance with international law and facilitate and not restrict the delivery of humanitarian aid, and it establishes new reporting requirements to Congress on these provisions. In their letter, the Senators lay out several specific questions around the requirements included in NSM-20, including how the Administration intends to collect information and make assessments under the NSM.
The Senator was joined in sending the letter by Senators Brian Schatz (D-Hawai'i), Martin Heinrich (D-N.M.), Tina Smith (D-Minn.), Jeff Merkley (D-Ore.), Raphael Warnock (D-Ga.), Peter Welch (D-Vt.), Ben Ray Luján (D-N.M.), Elizabeth Warren (D-Mass.), Chris Murphy (D-Conn.), Bernie Sanders (I-Vt.), and Jon Ossoff (D-Ga.).
The senators begin, “We write regarding the National Security Memorandum on Safeguards and Accountability with Respect to Transferred Defense Articles and Defense Services, or NSM-20, and to request a briefing on the questions outlined below and how the Administration will collect and analyze credible reports or allegations to make the assessments and determinations required by President Biden’s new directive.”
“This National Security Memorandum is a historic, substantive step aimed at ensuring that all U.S. security assistance provided by U.S. taxpayers to any country is used in accordance with our values, U.S. domestic law, and international law, including international humanitarian law. NSM-20, which is now in effect, is based on an amendment that we filed to the recently passed national security supplemental legislation and we applaud the President’s decision to issue this directive. We now look forward to working with your respective agencies to ensure the implementation of the NSM is planned and resourced effectively,” they continue.
They go on to note the requirements of the NSM, including that for the first time ever recipient countries of U.S. aid are required to provide written assurances that U.S. weapons will be used in accordance with international law and that they will facilitate and not arbitrarily deny or restrict U.S.-supported humanitarian assistance. They also note the robust reporting requirements to Congress on these assurances. The Senators note that each of these provisions will require the Administration to put into place new systems and mechanisms. Given that, the Senators request the Administration provide a briefing on the implementation of NSM-20, including responses to a series of questions they lay out in the letter ranging from the collection of information on potential violations of international law to the means by which assessments will be conducted.
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