JOURNAL OF THE

810

T72.7 MAY 24

LoBiondo

Longley

Lucas

Manton

Manzullo

Mascara

McCollum

McCrery

McHugh

McInnis

McIntosh

McKeon

McNulty

Metcalf

Mica

Miller (FL)

Molinari

Mollohan

Montgomery

Moorhead

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pombo

Portman

Poshard

Quillen

Quinn

Radanovich

Rahall

Regula

Riggs

Roberts

Roemer

Rohrabacher

Ros-Lehtinen

Roth

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Seastrand

Sensenbrenner

Shadegg

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thornberry

Tiahrt

Tucker

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

NOT VOTING—9

Calvert

Cubin

Fazio

Hansen

Kleczka

McDade

Meyers

Peterson (FL)

Rogers

So the amendment to the amendment

was not agreed to.

T72.7 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the foregoing amendment

submitted by Mr. SMITH of New Jersey. It was decided in the Yeas ....... 240 ! affirmative ................... Nays ...... 181

T72.8 [Roll No. 350]

AYES—240

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bateman

Bereuter

Bevill

Bilirakis

Bliley

Blute

Boehner

Bonilla

Bonior

Bono

Borski

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Camp

Canady

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cunningham

Danner

de la Garza

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Ehlers

Emerson

English

Ensign

Everett

Ewing

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gillmor

Goodlatte

Goodling

Goss

Graham

Gutknecht

Hall (OH)

Hall (TX)

Hancock

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hoekstra

Hoke

Holden

Hostettler

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Johnson, Sam

Jones

Kanjorski

Kaptur

Kasich

Kildee

Kim

King

Kingston

Knollenberg

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

Mascara

McCollum

McCrery

McHugh

McInnis

McIntosh

McKeon

McNulty

Metcalf

Mica

Miller (FL)

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Murtha

Myers

Myrick

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pombo

Portman

Poshard

Quillen

Quinn

Radanovich

Rahall

Regula

Riggs

Roberts

Roemer

Rohrabacher

Ros-Lehtinen

Roth

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Seastrand

Sensenbrenner

Shadegg

Shaw

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thornberry

Thornton

Tiahrt

Tucker

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

NOES—181

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barrett (WI)

Bass

Becerra

Beilenson

Bentsen

Berman

Bilbray

Bishop

Boehlert

Boucher

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Castle

Chapman

Clay

Clayton

Clyburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Coyne

Davis

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Durbin

Edwards

Ehrlich

Engel

Eshoo

Evans

Farr

Fattah

Fawell

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Franks (CT)

Frelinghuysen

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gilchrest

Gilman

Gonzalez

Gordon

Green

Greenwood

Gunderson

Gutierrez

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Hobson

Horn

Houghton

Hoyer

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E.B.

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Klug

Kolbe

Lantos

Lazio

Leach

Levin

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

Martini

Matsui

McCarthy

McHale

McKinney

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moran

Morella

Nadler

Olver

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Pickett

Pomeroy

Porter

Pryce

Ramstad

Rangel

Reed

Reynolds

Richardson

Rivers

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schiff

Schroeder

Schumer

Scott

Serrano

Shays

Sisisky

Skaggs

Slaughter

Spratt

Stark

Stokes

Studds

Thomas

Thompson

Thurman

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Visclosky

Ward

Waters

Watt (NC)

Waxman

White

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

Zimmer

NOT VOTING—13

Calvert

Cubin

Fazio

Franks (NJ)

Hansen

Johnston

Kleczka

Klink

McDade

McDermott

Meyers

Peterson (FL)

Rogers

So the amendment was agreed to.

The Committee rose informally to receive a message from the President.

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

T72.9 MESSAGE FROM THE PRESIDENT

A message in writing from the President of the United States was communicated to the House by Mr. Edwin

Thomas, one of his secretaries.

The Committee resumed its sitting;

and after some further time spent

therein,

T72.10 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 ongoing 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-
HOUSE OF REPRESENTATIVES

811

1995 T72.11

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

T72.11 [Roll No. 351]

AYES—157

Abercrombie

Ackerman

Barrett (WI)

Becerra

Beilenson

Berman

Bishop

Boehlert

Bonior

Borski

Boucher

Brown (CA)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Coyne

Danner

DeFazio

Dellums

Diaz-Balart

Dixon

Doggett

Dooley

Dornan

Durbin

Ehlers

Engel

Eshoo

Evans

Farr

Fattah

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Furse

Gephardt

Gordon

Green

Gutierrez

Hall (OH)

Hastings (FL)

Hefner

Hilliard

Hinchey

Horn

Houghton

Hoyer

Jackson-Lee

Jacobs

Johnson (SD)

Johnston

Kanjorski

Kaptur

Kasich

Kennedy (MA)

Kennedy (RI)

Kildee

Lantos

Leach

Levin

Lewis (GA)

Lincoln

Lipinski

LoBiondo

Lowey

Luther

Maloney

Manton

Markey

Martinez

McCarthy

McDermott

McHale

McKinney

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moakley

Morella

Nadler

Neal

Oberstar

Obey

Orton

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (MN)

Pomeroy

Porter

Poshard

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Rohrabacher

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schiff

Schroeder

Scott

Serrano

Skaggs

Slaughter

Smith (NJ)

Stark

Stokes

Studds

Stupak

Tanner

Thompson

Torres

Torricelli

Towns

Traficant

Tucker

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams