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[Journal of the House of Representatives, 1995]
[Wednesday, May 24, 1995 (72), Para 72.10 Recorded Vote]
[Pages 810-811]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.72.10  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Ms.McKINNEY:

       After chapter 5 of title XXXI of the bill, insert the 
     following new chapter (and redesignate the subsequent chapter 
     accordingly and make other appropriate conforming 
     amendments):

               CHAPTER 6--ARMS TRANSFERS CODE OF CONDUCT

     SEC. 3174. SHORT TITLE.

       This chapter may be cited as the ``Code of Conduct on Arms 
     Transfer Act of 1995''.

     SEC. 3175. FINDINGS.

       The Congress finds the following:
       (1) Approximately 40,000,000 people, over 75 percent 
     civilians, died as a result of civil and international wars 
     fought with conventional weapons during the 45 years of the 
     cold war, demonstrating that conventional weapons can in fact 
     be weapons of mass destruction.
       (2) Conflict has actually increased in the post cold war 
     era, with 34 major wars in progress during 1993.
       (3) War is both a human tragedy and an on-going economic 
     disaster affecting the entire world, including the United 
     States and its economy, because it decimates both local 
     investment and potential export markets.
       (4) International trade in conventional weapons increases 
     the risk and impact of war in an already over-militarized 
     world, creating far more costs than benefits for the United 
     States economy through increased United States defense and 
     foreign assistance spending and reduced demand for United 
     States civilian exports.
       (5) The newly established United Nations Register of 
     Conventional Arms can be an effective first step in support 
     of limitations on the supply of conventional weapons to 
     developing countries and compliance with its reporting 
     requirements by a foreign government can be an integral tool 
     in determining the worthiness of such government for the 
     receipt of United States military assistance and arms 
     transfers.
       (6) It is in the national security and economic interests 
     of the United States to reduce dramatically the 
     $1,038,000,000,000 that all countries spend on armed forces 
     every year, $242,000,000,000 of which is spent by developing 
     countries, an amount equivalent to 4 times the total 
     bilateral and multilateral foreign assistance such countries 
     receive every year.
       (7) According to the Congressional Research Service, the 
     Untied States supplies more conventional weapons to 
     developing countries than all other countries combined, 
     averaging $14,956,000,000 a year in agreements to supply such 
     weapons to developing coun

[[Page 811]]

     tries since the end of the cold war, compared to 
     $7,300,000,000 a year in such agreements prior to the 
     dissolution of the Soviet Union.
       (8) In recent years the vast majority of United States arms 
     transfers to developing countries are to countries with an 
     undemocratic form of government whose citizens, according to 
     the Department of State Country Reports on Human Rights 
     Practices do not have the ability to peaceably change their 
     form of government.
       (9) Although a goal of United States foreign policy should 
     be to work with foreign governments and international 
     organizations to reduce militarization and dictatorship and 
     therefore prevent conflicts before they arise, during 4 
     recent deployments of United States Armed Forces--to the 
     Republic of Panama, the Persian Gulf, Somalia, and Haiti--
     such Armed Forces faced conventional weapons that had been 
     provided or financed by the United States to undemocratic 
     governments.
       (10) The proliferation of conventional arms and conflicts 
     around the globe are multilateral problems, and the fact that 
     the United States has emerged as the world's primary seller 
     of conventional weapons, combined with the world leadership 
     role of the United States, signifies that the United States 
     is in a position to seek multilateral restraints on the 
     competition for the transfers of conventional weapons.
       (11) The Congress has the constitutional responsibility to 
     participate with the executive branch in decisions to provide 
     military assistance and arms transfers to a foreign 
     government, and in the formulation of a policy designed to 
     reduce dramatically the level of international 
     militarization.
       (12) A decision to provide military assistance and arms 
     transfers to a government that is undemocratic, does not 
     adequately protect human rights, is currently engaged in acts 
     of armed aggression, or is not fully participating in the 
     United Nations Register of Conventional Arms, should require 
     a higher level of scrutiny than does a decision to provide 
     such assistance and arms transfers to a government to which 
     these conditions do not apply.

     SEC. 3176. PURPOSE.

       The purpose of this chapter is to provide clear policy 
     guidelines and congressional responsibility for determining 
     the eligibility of foreign governments to be considered for 
     United States military assistance and arms transfers.

     SEC. 3177. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   AND ARMS TRANSFERS TO CERTAIN FOREIGN 
                   GOVERNMENTS.

       (a) Prohibition.--Except as provided in subsections (b) and 
     (c), beginning on and after October 1, 1996, United States 
     military assistance and arms transfers may not be provided to 
     a foreign government for a fiscal year unless the President 
     certifies to the Congress for that fiscal year that such 
     government meets the following requirements;
       (1) Promotes democracy,--Such government--
       (A) was chosen by and permits free and fair elections;
       (B) promotes civilian control of the military and security 
     forces and has civilian institutions controlling the policy, 
     operation, and spending of all new enforcement and security 
     institutions, as well as the armed forces;
       (C) promotes the rule of law, equality before the law, and 
     respect for individual and minority rights, including freedom 
     to speak, publish, associate, and organize; and
       (D) promotes the strengthening of political, legislative, 
     and civil institutions of democracy, as well as autonomous 
     institutions to monitor the conduct of public officials and 
     to combat corruption.
       (2) Respects human rights.--Such government--
       (A) does not engage in gross violations of internationally 
     recognized human rights, including--
       (i) extra judicial or arbitrary executions;
       (ii) disappearances;
       (iii) torture or severe mistreatment;
       (iv) prolonged arbitrary imprisonment;
       (v) systematic official discrimination on the basis of 
     race, ethnicity, religion, gender, national origin, or 
     political affiliation; and
       (vi) grave breaches of international laws of war or 
     equivalent violations of the laws of war in internal 
     conflicts;
       (B) vigorously investigates, disciplines, and prosecutes 
     those responsible for gross violations of internationally 
     recognized human rights;
       (C) permits access on a regular basis to political 
     prisoners by international humanitarian organizations such as 
     the International Committee of the Red Cross;
       (D) promotes the independence of the judiciary and other 
     official bodies that oversee the protection of human rights;
       (E) does not impede the free functioning of domestic and 
     international human rights organizations; and
       (F) provides access on a regular basis to humanitarian 
     organizations in situations of conflict or famine.
       (3) Not engaged in certain acts of armed aggression.--Such 
     government is not currently engaged in the acts of armed 
     aggression in violation of international law.
       (4) Full participation in u.n. register of conventional 
     arms.--Such government is fully participating in the United 
     Nations Register of Conventional Arms.
       (b) Requirement for Continuing Compliance.--Any 
     certification with respect to a foreign government for a 
     fiscal year under subsection (a) shall cease to be effective 
     for that fiscal year if the President certifies to the 
     Congress that such government has not continued to comply 
     with the requirements contained in paragraphs (1) through (4) 
     of such subsection.
       (c) Exemptions.--The prohibition contained in subsection 
     (a) shall not apply with respect to a foreign government for 
     a fiscal year if--
       (1)(A) the President submits a request for an exemption to 
     the Congress containing a determination that it is in the 
     national security interest of the united States to provide 
     military assistance and arms transfer to such government; and
       (B) the Congress enacts a law approving such exemption 
     request (including a law containing an approval of such a 
     request); or
       (2) the President determines that an emergency exists under 
     which it is vital to the interest of the United States to 
     provide military assistance and arms transfer to such 
     government.
       (d) Notifications to Congress.--
       (1) In general.--The President shall submit to the Congress 
     initial certifications under subsection (a) and requests for 
     exemptions under subsection (c)(1) in conjunction with the 
     submission of the annual request for enactment of 
     authorizations and appropriations for foreign assistance 
     programs for a fiscal year and shall, where appropriate, 
     submit additional or amended certifications and requests for 
     exemptions at any time thereafter in the fiscal year.
       (2) Determination with respect to emergency situations.--
     The President shall submit to the Congress at the earliest 
     possible date reports containing determinations with respect 
     to emergencies under subsection (c)(2). Each such report 
     shall contain a description of--
       (A) the nature of the emergency;
       (B) the type of military assistance and arms transfers 
     provided to the foreign government; and
       (C) the cost to the United States of such assistance and 
     arms transfers.

     SEC. 3178. SENSE OF THE CONGRESS.

       It is the sense of the Congress that the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate should hold 
     hearings on--
       (1) controversial certifications submitted under section 
     3177(a).
       (2) all requests for exemptions submitted under section 
     3177(c)(1); and
       (3) all determinations with respect to emergencies under 
     section 3177(c)(2).

     SEC. 3179. UNITED STATES MILITARY ASSISTANCE AND ARMS 
                   TRANSFERS DEFINED.

       For purposes of this chapter, the terms ``United States 
     military assistance and arms transfers'' and ``military 
     assistance and arms transfers'' means--
       (1) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (relating to military assistance), 
     including the transfer of excess defense articles under 
     section 516 of that Act;
       (2) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training); or
       (3) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act (excluding any transfer or other assistance under 
     section 23 of such Act), including defense articles and 
     defense services licensed or approved for export under 
     section 38 of that Act.

It was decided in the

Yeas

157

negative

Nays

262
```