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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Military
Training Transparency and Accountability Act’’.
SEC. 2. PROHIBITION ON PROVISION OF DEFENSE SERV-
ICES AND TRAINING TO FOREIGN COUNTRIES
INELIGIBLE 
FOR 
IMET 
ASSISTANCE 
OR
OTHER 
MILITARY 
ASSISTANCE 
OR 
ARMS
TRANSFERS.
(a) IN GENERAL.—The Arms Export Control Act (22
U.S.C. 2751 et seq.) is amended by inserting after the
first section 40A the following:
‘‘SEC. 40B. PROHIBITION ON PROVISION OF DEFENSE SERV-
ICES AND TRAINING TO FOREIGN COUNTRIES
INELIGIBLE 
FOR 
IMET 
ASSISTANCE 
OR
OTHER 
MILITARY 
ASSISTANCE 
OR 
ARMS
TRANSFERS.
‘‘(a) IN GENERAL.—No defense services or training
(including Joint Combined Exchange Training (JCET))
may be provided by sale, lease, loan, grant, or other means
under this Act or any other Act to any foreign country
that is subject to any provision of law that prohibits or
restricts receipt by such country of—
‘‘(1) international military education and train-
ing under chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.); or
‘‘(2) other military assistance or arms trans-
fers.
‘‘(b) EXCEPTIONS.—(1) A foreign country that is eli-
gible to receive only expanded international military edu-
cation and training under chapter 5 of part II of such
Act (22 U.S.C. 2347 et seq.), and is not otherwise prohib-
ited from receiving any other military assistance or arms
transfers, may receive defense services and training under
this Act or any other Act but only to the extent that such
services and training consist of training of civilian officials
and military officers of the armed forces on military jus-
tice, international human rights standards, and the proper
role of the armed forces in a democratic society.
‘‘(2) A foreign country that is subject to a provision
of law that prohibits or restricts receipt by such country
of international military education and training or any
other military assistance or arms transfers shall not by
reason of such prohibition or restriction be prohibited
from receiving defense services and training under this Act
or any other Act that are substantially unrelated to the
military assistance or arms transfers so prohibited or re-
stricted, but only if, at least 15 days before the proposed
provision of the services and training to the country, the
President transmits to the Congress a certification con-
taining—
‘‘(A) a description of each provision of law that
prohibits or restricts receipt by the country of inter-
national military education and training or any
other military assistance or arms transfers;
‘‘(B) a description of the defense services and
training to be provided to the country; and
‘‘(C) an explanation of how the defense services
and training are substantially unrelated to the mili-
tary assistance or arms transfers so prohibited or re-
stricted.
‘‘(3) Subsection (a) shall not apply with respect to
a foreign country described in section 546 of such Act (22
U.S.C. 2347c) by reason of designation under such sec-
tion.
‘‘(c) WAIVER.—The President may waive the prohibi-
tion in subsection (a) with respect to a foreign country
if the President—
‘‘(1) determines that it is important to the na-
tional security of the United States to do so; and
‘‘(2) transmits to the Congress a certification
containing—
‘‘(A) the determination under paragraph
(1), including an explanation of why it is impor-
tant to the national security of the United
States to provide the waiver;
‘‘(B) a description of each provision of law
that prohibits or restricts receipt by the country
of international military education and training
or any other military assistance or arms trans-
fers;
‘‘(C) a description of any limitations on
the defense services and training to be provided
to the country under the waiver; and
‘‘(D) a description of how the provision of
the waiver, including any limitations on the de-
fense services and training to be provided to the
country under the waiver, will preserve to the
fullest extent consistent with the national secu-
rity of the United States the purpose of the
provision of law that prohibits or restricts re-
ceipt by the country of international military
education and training or any other military as-
sistance or arms transfers.
‘‘(d) DEFINITION.—In this section, the term ‘military
assistance or arms transfers’ means—
‘‘(1) assistance under chapter 2 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C 2311
et seq.; relating to military assistance), including the
transfer of excess defense articles under section 516
of that Act (22 U.S.C. 2321j);
‘‘(2) assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.; relating to the economic support fund);
‘‘(3) assistance under the ‘‘Foreign Military Fi-
nancing Program’’ under section 23 of this Act; and
‘‘(4) the transfer of defense articles, defense
services, or design and construction services under
this Act, including defense articles and defense serv-
ices licensed or approved for export under section 38
of this Act.’’.
(b) CONFORMING AMENDMENT.—The second section
40A of the Arms Export Control Act (22 U.S.C. 2785),
as added by section 150(a) of Public Law 104–164 (110
Stat. 1436), is hereby redesignated as section 40.
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