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106TH CONGRESS

1ST SESSION H. R. 1063

To prohibit the provision of defense services and training under the Arms

Export Control Act or any other Act to foreign countries that are

prohibited from receiving international military education and training

or any other military assistance or arms transfers.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1999

Mr. SMITH of New Jersey (for himself, Mr. EVANS, Mrs. LOWEY, Mr. OLVER,

Mr. BROWN of California, Mr. FALEOMAVAEGA, Mr. GUTIERREZ, Mr.

FRANK of Massachusetts, Mr. ENGLISH, Mr. UNDERWOOD, Mr. FILNER,

Mr. MCGOVERN, Mr. BARRETT of Wisconsin, Mr. KENNEDY of Rhode Island, Mr. PORTER, Mr. TANCREDO, Mr. ROHRABACHER, Mr. CLAY, Mr.

GARY MILLER of California, Ms. SCHAKOWSKY, Mr. VENTO, Ms. MCKINNEY, Mr. SANDERS, Mr. GOODLING, Mr. LUTHER, Mr. WYNN, Mr.

LATOURETTE, Mr. RUSH, Mr. BLAGOJEVICH, Mr. ABERCROMBIE, Ms.

PELOSI, Mr. BROWN of Ohio, Mr. MARKEY, Mr. STARK, Mr. OBERSTAR,

Ms. KAPTUR, Mr. MOAKLEY, Mr. CUMMINGS, Mr. LANTOS, Mr. THOMPSON of California, Ms. RIVERS, Mr. WOLF, Ms. LEE, Ms. BALDWIN, Mr.

SERRANO, Mr. HALL of Ohio, Mr. KUCINICH, Mr. TIERNEY, Mr. STRICKLAND, Mr. BERMAN, and Mr. DEFAZIO) introduced the following bill;

which was referred to the Committee on International Relations

A BILL

To prohibit the provision of defense services and training

under the Arms Export Control Act or any other Act

to foreign countries that are prohibited from receiving

international military education and training or any

other military assistance or arms transfers.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Military

5 Training Transparency and Accountability Act’’.

6 SEC. 2. PROHIBITION ON PROVISION OF DEFENSE SERV7 ICES AND TRAINING TO FOREIGN COUNTRIES

8 INELIGIBLE FOR IMET ASSISTANCE OR

9 OTHER MILITARY ASSISTANCE OR ARMS

10 TRANSFERS.

11 (a) IN GENERAL.—The Arms Export Control Act (22

12 U.S.C. 2751 et seq.) is amended by inserting after the

13 first section 40A the following:

14 ‘‘SEC. 40B. PROHIBITION ON PROVISION OF DEFENSE SERV15 ICES AND TRAINING TO FOREIGN COUNTRIES

16 INELIGIBLE FOR IMET ASSISTANCE OR

17 OTHER MILITARY ASSISTANCE OR ARMS

18 TRANSFERS.

19 ‘‘(a) IN GENERAL.—No defense services or training

20 (including Joint Combined Exchange Training (JCET))

21 may be provided by sale, lease, loan, grant, or other means

22 under this Act or any other Act to any foreign country

23 that is subject to any provision of law that prohibits or

24 restricts receipt by such country of—
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HR 1063 IH1S

1 ‘‘(1) international military education and train2 ing under chapter 5 of part II of the Foreign Assist3 ance Act of 1961 (22 U.S.C. 2347 et seq.); or

4 ‘‘(2) other military assistance or arms trans5 fers.

6 ‘‘(b) EXCEPTIONS.—(1) A foreign country that is eli7 gible to receive only expanded international military edu8 cation and training under chapter 5 of part II of such

9 Act (22 U.S.C. 2347 et seq.), and is not otherwise prohib10 ited from receiving any other military assistance or arms

11 transfers, may receive defense services and training under

12 this Act or any other Act but only to the extent that such

13 services and training consist of training of civilian officials

14 and military officers of the armed forces on military jus15 tice, international human rights standards, and the proper

16 role of the armed forces in a democratic society.

17 ‘‘(2) A foreign country that is subject to a provision

18 of law that prohibits or restricts receipt by such country

19 of international military education and training or any

20 other military assistance or arms transfers shall not by

21 reason of such prohibition or restriction be prohibited

22 from receiving defense services and training under this Act

23 or any other Act that are substantially unrelated to the

24 military assistance or arms transfers so prohibited or re25 stricted, but only if, at least 15 days before the proposed
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HR 1063 IH1S

1 provision of the services and training to the country, the

2 President transmits to the Congress a certification

3 containing—

4 ‘‘(A) a description of each provision of law that

5 prohibits or restricts receipt by the country of inter6 national military education and training or any

7 other military assistance or arms transfers;

8 ‘‘(B) a description of the defense services and

9 training to be provided to the country; and

10 ‘‘(C) an explanation of how the defense services

11 and training are substantially unrelated to the mili12 tary assistance or arms transfers so prohibited or re13 stricted.

14 ‘‘(3) Subsection (a) shall not apply with respect to

15 a foreign country described in section 546 of such Act (22

16 U.S.C. 2347c) by reason of designation under such sec17 tion.

18 ‘‘(c) WAIVER.—The President may waive the prohibi19 tion in subsection (a) with respect to a foreign country

20 if the President—

21 ‘‘(1) determines that it is important to the na22 tional security of the United States to do so; and

23 ‘‘(2) transmits to the Congress a certification

24 containing—
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1 ‘‘(A) the determination under paragraph

2 (1), including an explanation of why it is impor3 tant to the national security of the United

4 States to provide the waiver;

5 ‘‘(B) a description of each provision of law

6 that prohibits or restricts receipt by the country

7 of international military education and training

8 or any other military assistance or arms trans9 fers;

10 ‘‘(C) a description of any limitations on

11 the defense services and training to be provided

12 to the country under the waiver; and

13 ‘‘(D) a description of how the provision of

14 the waiver, including any limitations on the de15 fense services and training to be provided to the

16 country under the waiver, will preserve to the

17 fullest extent consistent with the national secu18 rity of the United States the purpose of the

19 provision of law that prohibits or restricts re20 ceipt by the country of international military

21 education and training or any other military as22 sistance or arms transfers.

23 ‘‘(d) DEFINITION.—In this section, the term ‘military

24 assistance or arms transfers’ means—
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1 ‘‘(1) assistance under chapter 2 of part II of

2 the Foreign Assistance Act of 1961 (22 U.S.C. 2311

3 et seq.; relating to military assistance), including the

4 transfer of excess defense articles under section 516

5 of that Act (22 U.S.C. 2321j);

6 ‘‘(2) assistance under chapter 4 of part II of

7 the Foreign Assistance Act of 1961 (22 U.S.C. 2346

8 et seq.; relating to the economic support fund);

9 ‘‘(3) assistance under the ‘‘Foreign Military Fi10 nancing Program’’ under section 23 of this Act; and

11 ‘‘(4) the transfer of defense articles, defense

12 services, or design and construction services under

13 this Act, including defense articles and defense serv14 ices licensed or approved for export under section 38

15 of this Act.’’.

16 (b) CONFORMING AMENDMENT.—The second section

17 40A of the Arms Export Control Act (22 U.S.C. 2785),

18 as added by section 150(a) of Public Law 104–164 (110

19 Stat. 1436), is hereby redesignated as section 40.

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