Latin American Arms Control Act of 1997

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Latin American Arms Control Act of 
1997''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) It has been United States policy since the Presidential 
        directive of May 19, 1977, to refrain from making sales or 
        other transfers to governments of Latin American countries of 
        highly advanced weapons systems that could undermine regional 
        military balances or stimulate an arms race.
            (2) There has only been one exception to that policy, the 
        sale of F-16 fighter aircraft to Venezuela in 1982, in response 
        to a perceived Cuban military buildup, including the 
        acquisition by Cuba of Soviet-made MIG-23 fighters.
            (3) While United States defense companies have not been 
        able to sell highly advanced weapons to Latin America, they are 
        a major supplier of military equipment to the region and hold 
        the largest share of that market.
            (4) From fiscal year 1993 through fiscal year 1996 the 
        United States Government sold $789,000,000 in arms to Latin 
        America.
            (5) In August 1996, Secretary of State Warren Christopher 
        stated that his ``strong conviction is that we should be very 
        careful about raising the level of competition between 
        countries with respect to arms sales''.
            (6) There are historic hostilities and mistrust in Latin 
        America that can flare into serious conflict, as evidenced most 
        recently by the 1995 border war between Peru and Ecuador that 
        required international efforts to resolve.
            (7) For the first time in modern history, all but one 
        country in the Western Hemisphere is governed by democratically 
        elected leaders.
            (8) Latin America has just recovered from a decade of 
        negative growth, as measured on a real per capita basis, and 18 
        of the countries in the Western Hemisphere currently have per 
        capita income levels below those achieved by them ten years 
        ago.
            (9) Poverty and insufficient educational opportunities 
        continue to be a major challenge to democratic governments in 
        the Western Hemisphere, with less than one-half of the children 
        entering first grade remaining in school until grade five, and 
        with more than 100,000 street children in cities throughout 
        Latin American countries.
            (10) At the meeting of the Council of Freely Elected Heads 
        of Government on April 29, 1997, representatives of Latin 
        American governments on the Council discussed the issue of arms 
        sales to Latin American countries, pledged to accept a two-year 
        moratorium on the purchase of highly advanced weapons, called 
        upon countries in the Western Hemisphere to explore ideas to 
        restrain future purchases, and called upon the United States 
        and other governments that sell arms to affirm their support 
        for such a moratorium.

SEC. 3. SENSE OF THE SENATE.

    It is the sense of the Senate that the President should respect the 
request of Latin American heads of government for a two-year moratorium 
on the sale or other transfer of highly advanced weapons to Latin 
American countries while proposals for regional arms restraint are 
studied.

SEC. 4. PROHIBITION.

    (a) In General.--Notwithstanding any other provision of law, under 
the Arms Export Control Act or any other Act--
            (1) no sale or other transfer may be made of any highly 
        advanced weapon to any Latin American country,
            (2) no license may be issued for the export of any highly 
        advanced weapon to any Latin American country, and
            (3) no financing may be extended with respect to a sale or 
        export of any highly advanced weapon to a Latin American 
        country,
unless the requirements of subsection (b) are satisfied and except as 
provided in subsection (c).
    (b) Requirements.--The requirements of this subsection are 
satisfied if--
            (1) the President determines and certifies to Congress in 
        advance that the sale, transfer, or financing, as the case may 
        be, is necessary to further the national security interests of 
        the United States; and
            (2) Congress has enacted a joint resolution approving the 
        Presidential determination.
    (c) Exception.--Subsection (a) does not apply to any sale, sales, 
financing, or license permitted by an international agreement that 
provides for restraint--
            (1) in the purchase of highly advanced weapons by countries 
        in Latin America; or
            (2) in the sale or other transfer of highly advanced 
        weapons to countries in Latin America.

SEC. 5. DEFINITION OF HIGHLY ADVANCED WEAPONS.

    In this Act, the term ``highly advanced weapons'' includes advanced 
combat fighter aircraft and attack helicopters but does not include 
transport helicopters.

Summary: Latin American Arms Control Act of 1997 - Expresses the sense of the Senate that the President should respect the request of Latin American heads of government for a two-year moratorium on the sale or other transfer of highly advanced weapons to Latin American countries while proposals for regional arms restraint are studied. Prohibits the sale or transfer, issuance of an export license, or financing of the sale or export of highly advanced weapons to Latin American countries. States that this prohibition does not apply to any sale, sales, financing, or license permitted by an international agreement that provides for restraint: (1) in the purchase of highly advanced weapons by countries in Latin America. Or (2) in the sale or other transfer of highly advanced weapons to countries in Latin America.