I

105TH CONGRESS

2D SESSION H. R. 4874

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

OCTOBER 21, 1998

Mr. SMITH of New Jersey (for himself and Mr. EVANS) 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.

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’’.
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1 SEC. 2. PROHIBITION ON PROVISION OF DEFENSE SERV2 ICES AND TRAINING TO FOREIGN COUNTRIES

3 INELIGIBLE FOR IMET ASSISTANCE OR

4 OTHER MILITARY ASSISTANCE OR ARMS

5 TRANSFERS.

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

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

8 first section 40A the following:

9 ‘‘SEC. 40B. PROHIBITION ON PROVISION OF DEFENSE SERV10 ICES AND TRAINING TO FOREIGN COUNTRIES

11 INELIGIBLE FOR IMET ASSISTANCE OR

12 OTHER MILITARY ASSISTANCE OR ARMS

13 TRANSFERS.

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

15 (including Joint Combined Exchange Training (JCET))

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

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

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

19 restricts receipt by such country of—

20 ‘‘(1) international military education and train21 ing under chapter 5 of part II of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2347 et seq.); or

23 ‘‘(2) other military assistance or arms trans24 fers.

25 ‘‘(b) EXCEPTIONS.—(1) A foreign country that is eli26 gible to receive only expanded international military edu-
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1 cation and training under chapter 5 of part II of such

2 Act (22 U.S.C. 2347 et seq.), and is not otherwise prohib3 ited from receiving any other military assistance or arms

4 transfers, may receive defense services and training under

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

6 services and training consist of training of civilian officials

7 and military officers of the armed forces on military jus8 tice, international human rights standards, and the proper

9 role of the armed forces in a democratic society.

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

11 of law that prohibits or restricts receipt by such country

12 of international military education and training or any

13 other military assistance or arms transfers shall not by

14 reason of such prohibition or restriction be prohibited

15 from receiving defense services and training under this Act

16 or any other Act that are substantially unrelated to the

17 military assistance or arms transfers so prohibited or re18 stricted, but only if, at least 15 days before the proposed

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

20 President transmits to the Congress a certification con21 taining—

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

23 prohibits or restricts receipt by the country of inter24 national military education and training or any

25 other military assistance or arms transfers;
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1 ‘‘(B) a description of the defense services and

2 training to be provided to the country; and

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

4 and training are substantially unrelated to the mili5 tary assistance or arms transfers so prohibited or re6 stricted.

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

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

9 U.S.C. 2347c) by reason of designation under such sec10 tion.

11 ‘‘(c) WAIVER.—The President may waive the prohibi12 tion in subsection (a) with respect to a foreign country

13 if the President—

14 ‘‘(1) determines that it is important to the na15 tional security of the United States to do so; and

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

17 containing—

18 ‘‘(A) the determination under paragraph

19 (1), including an explanation of why it is impor20 tant to the national security of the United

21 States to provide the waiver;

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

23 that prohibits or restricts receipt by the country

24 of international military education and training
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1 or any other military assistance or arms trans2 fers;

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

4 the defense services and training to be provided

5 to the country under the waiver; and

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

7 the waiver, including any limitations on the de8 fense services and training to be provided to the

9 country under the waiver, will preserve to the

10 fullest extent consistent with the national secu11 rity of the United States the purpose of the

12 provision of law that prohibits or restricts re13 ceipt by the country of international military

14 education and training or any other military as15 sistance or arms transfers.

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

17 assistance or arms transfers’ means—

18 ‘‘(1) assistance under chapter 2 of part II of

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

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

21 transfer of excess defense articles under section 516

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

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

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

25 et seq.; relating to the economic support fund);
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1 ‘‘(3) assistance under the ‘‘Foreign Military Fi2 nancing Program’’ under section 23 of this Act; and

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

4 services, or design and construction services under

5 this Act, including defense articles and defense serv6 ices licensed or approved for export under section 38

7 of this Act.’’.

8 (b) CONFORMING AMENDMENT.—The second section

9 40A of the Arms Export Control Act (22 U.S.C. 2785),

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

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

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