H.R. 772104th CONGRESS 1st Session
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 February 1, 1995 Ms. McKinney (for herself, Mr. Abercrombie, Mr. Ackerman, Mr. Barrett of Wisconsin, Mr. Berman, Mr. Bishop, Ms. Brown of Florida, Mr. Clay, Mrs. Clayton, Mr. Clyburn, Mr. Coleman, Miss Collins of Michigan, Mrs. Collins of Illinois, Mr. Condit, Mr. Conyers, Mr. DeFazio, Mr. Dellums, Mr. Durbin, Mr. Engel, Mr. Evans, Mr. Faleomaveaga, Mr. Farr, Mr. Fattah, Mr. Fields of Louisiana, Mr. Filner, Mr. Flake, Mr. Foglietta, Mr. Ford, Ms. Furse, Mr. Gonzalez, Mr. Gutierrez, Mr. Hastings of Florida, Mr. Hefner, Mr. Hinchey, Mr. Hilliard, Ms. Jackson-Lee, Mr. Johnston of Florida, Mr. Kennedy of Massachusetts, Mr. Leach, Mr. Lewis of Georgia, Mrs. Maloney, Mr. Markey, Mr. McDermott, Mrs. Meek of Florida, Mr. Miller of California, Mr. Minge, Mrs. Mink of Hawaii, Mrs. Morella, Mr. Nadler, Ms. Norton, Mr. Oberstar, Mr. Olver, Mr. Owens, Mr. Pastor, Mr. Pallone, Mr. Payne, Ms. Pelosi, Mr. Peterson of Minnesota, Mr. Rangel, Mr. Reed, Ms. Rivers, Mr. Rush, Mr. Sanders, Mr. Sawyer, Mrs. Schroeder, Mr. Scott, Mr. Serrano, Ms. Slaughter, Mr. Stark, Mr. Thompson, Mr. Torres, Mr. Tucker, Mr. Underwood, Ms. Velazquez, Mr. Vento, Ms. Waters, Mr. Watt of North Carolina, Mr. Williams, Ms. Woolsey, Mr. Wyden, and Mr. Wynn) introduced the following bill; which was referred to the Committee on International Relations
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 1995'.
SEC. 2. 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 United 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 countries 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 and 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. 3. 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. 4. 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 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 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) 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 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) Exemption : The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if-- (1) 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 transfers to such government; and (2) the Congress enacts a law approving such exemption request. (d) Notification to Congress : The President shall submit to the Congress initial certifications under subsection (a) and requests for exemptions under subsection (c) 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.
SEC. 5. 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 controversial certifications submitted under section 4(a) and all requests for exemptions submitted under section 4(c).
SEC. 6. 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 sections 516 through 519 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) assistance under the `Foreign Military Financing Program' under section 23 of the Arms Export Control Act; or (4) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, including defense articles and defense services licensed or approved for export under section 38 of that Act.