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HR 2269 IH
106th CONGRESS
1st Session
H. R. 2269
To prohibit United States military assistance and arms transfers
to foreign governments that are undemocratic, do not adequately
protect human rights, are engaged in acts of armed aggression,
or are not fully participating in the United Nations Register
of Conventional Arms.
IN THE HOUSE OF REPRESENTATIVES
June 17, 1999
Ms. MCKINNEY (for herself, Mr. ROHRABACHER,
Mr. LEACH, Ms. RIVERS, Mr. PASCRELL, Mr. BONIOR, Mr.MEEHAN,
Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. PORTER,
Mrs. CAPPS, Mr. FRANK of Massachusetts, Mr. WEINER, Mr. UNDERWOOD,
Mrs. MINK of Hawaii, Ms. SLAUGHTER, Mr. MARKEY, Mr.WAXMAN,
Mr. CONYERS, Mr. BARRETT of Wisconsin, Mr. DIXON, Mr. STARK,
Mr. BROWN of Ohio, Mrs.
MORELLA, Mr. WYNN, Mr. LANTOS, Ms. WOOLSEY, Mr. NADLER, Mr.
TIERNEY, Mr. CAMPBELL, Mr.ALLEN, Mr. MOAKLEY, Mr. LUTHER,
Mr. FARR of California, Mr. ENGEL, Mr. ABERCROMBIE, Mr. SMITH
of New Jersey, Mr. DELAHUNT, Mr. HINCHEY, Mr. DEFAZIO, Ms.
NORTON, Mr. BLUMENAUER, Mr. ANDREWS, Mr. HILLIARD, Mr. FALEOMAVAEGA,
Mr. MINGE, Mr. FATTAH, Mr. DOYLE, Mr. LEWIS of Georgia, Ms.KILPATRICK,
Mr. OBERSTAR, Mr. LOBIONDO, Mr. KUCINICH, Mr. EVANS, Mr. CLAY,
Mr. WATT of North Carolina, Ms. PELOSI, Ms. ROYBAL-ALLARD,
Mr. BROWN of California, Mr. TOWNS, Ms. HOOLEY of Oregon,
Mr. KILDEE, Mr. CARDIN, Mr. BERMAN, Mr. CLYBURN, and Ms. LEE)
introduced the following bill; which was referred to the Committee
on International Relations, and in addition to the Committee
on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prohibit United States military assistance
and arms transfers to foreign governments that are undemocratic,
do not adequately protect human rights, are engaged in acts
of armed aggression, or are not fully participating in the
United Nations Register of Conventional Arms. Be it enacted
by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1.SHORT TITLE.
This Act may be cited as the `Code of Conduct
on Arms Transfers Act of 1999'.
SEC. 2. PURPOSE
The purpose of this Act 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. 3. PROHIBITION OF UNITED STATES MILITARY
ASSISTANCE AND ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS
(a) PROHIBITION- Except as provided in subsections
(b) and (c), United States military assistance and arms transfers
may not be provided to a foreign government for any fiscal
year beginning after the date of the enactment of this Act
unless the President certifies to 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
thepolicy, operation, and spending of all law 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) extrajudicial 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 acts of armed
aggression in violation of international law.
(4) FULL PARTICIPATION IN UNITED NATIONS 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 Congress that such government has not continued
to comply with the requirements contained in paragraphs (1)
through (4) of such subsection.
(c) EXEMPTIONS-
(1) IN GENERAL- The prohibition contained in
subsection (a) shall not apply with respect to a foreign government
for a fiscal year if--(A) subject to paragraph (2), the President
submits a request for an exemption to Congress containing
a determination that it is in the national security interest
of the United States to provide military assistance and
arms transfers to such government; or (B) 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 transfers to
such government.
(2) DISAPPROVAL- A request for an exemption
to provide military assistance and arms transfers to a foreign
government shall not take effect, or shall cease to be effective,
if a law is enacted disapproving such request.
(d) NOTIFICATIONS TO CONGRESS-
(1) IN GENERAL- The President shall submit to
Congress initial certifications under subsection (a) and requests
for exemptions under subsection (c)(1)(A) in conjunction with
the submission of the annual congressional presentation documents
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- Whenever the President determines that it would
not be contrary to the national interest to do so, he shall
submit to Congress at the earliest possible date reports containing
determinations with respect to emergencies under subsection
(c)(1)(B). 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. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS
REGIME.
(a) INTERNATIONAL COOPERATION- Prior to the
beginning of each fiscal year, the President shall compile
a list of countries that do not meet the requirements in section
3(a) and for which the President has not requested an exemption
under section 3(c). The President shall--
(1) notify the governments participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual
Use Goods and Technologies, done at Vienna, July 11 and 12,
1996 (in this section referred to as the `Wassenaar Arrangement'),
and such other foreign governments as the President deems
appropriate, that the countries so listed are ineligible to
receive United States arms sales and military assistance under
this Act; and
(2) request that the countries so notified also
declare the listed countries as ineligible for arms sales
and military assistance.
(b) MULTILATERAL EFFORTS- The President shall
continue and expand efforts through the United Nations and
other international fora, such as the Wassenaar Arrangement,
to limit arms transfers worldwide, particularly transfers
to countries that do not meet the criteria established in
section 3, for the purpose of establishing a permanent multilateral
regime to govern the transfer of conventional arms.
(c) REPORT-
(1) IN GENERAL- Beginning one year after the
date of enactment of this Act, and annually thereafter, the
President shall submit a report to Congress--
(A) describing efforts he has undertaken during
the preceding year to gain international acceptance of the
principles contained in section 3; and
(B) evaluating the progress made toward establishing
a multilateral regime to control the transfer of conventional
arms.
(2) SUBMISSION OF THE REPORT- This report shall
be submitted in conjunction with the submission of the annual
congressional presentation documents for foreign assistance
programs for a fiscal year.
SEC. 5. UNITED STATES MILITARY ASSISTANCE AND
ARMS TRANSFERS DEFINED.
For purposes of this Act, the terms `United
States military assistance and arms transfers' and `military
assistance and arms transfers' mean--
(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);
(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 to countries that are specifically
identified and approved for such assistance in law), including
defense articles and defense services licensed or approved
for export under section 38 of that Act; or (4) assistance
under sections 2010 and 2011 of title 10, United States Code,
and assistance under section 1004of the National Defense Authorization
Act for Fiscal Year 1991.
END
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