[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2652 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2652

To close the United States Army School of the Americas and establish a 
   United States Academy for Democracy and Civil-Military Relations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1995

  Mr. Kennedy of Massachusetts (for himself, Mr. Meehan, Mr. Frank of 
 Massachusetts, Mr. Oberstar, Mr. Stark, Mr. Abercrombie, Mr. Brown of 
  California, Mr. Gonzalez, Ms. Lofgren, Mr. Gene Green of Texas, Mr. 
   Brown of Ohio, Ms. Rivers, Mr. Frost, Mr. Vento, Mr. DeFazio, Mr. 
   Conyers, Mr. Rangel, Mr. Barrett, of Wisconsin, Mr. Ackerman, Mr. 
  Moran, Ms. Eshoo, Mrs. Mink of Hawaii, Mr. Farr of California, Mr. 
  McDermott, Mr. Moakley, Mr. Markey, Mr. Miller of California, Mrs. 
Maloney, Mr. Boucher, Mr. Klug, Mr. Serrano, Mr. Stupak, Mr. Gejdenson, 
Mr. Jacobs, Ms. Velazquez, Mr. Torkildsen, Mr. Johnston of Florida, Mr. 
   Olver, and Ms. McKinney) introduced the following bill; which was 
 referred to the Committee on International Relations, and in addition 
to the Committee on National Security, 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 close the United States Army School of the Americas and establish a 
   United States Academy for Democracy and Civil-Military Relations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TERMINATION OF THE UNITED STATES ARMY SCHOOL OF THE AMERICAS

    Section 4415 of chapter 407 of title 10, United States Code is 
repealed.

SEC. 2. ESTABLISHMENT OF ACADEMY FOR DEMOCRACY AND CIVIL-MILITARY 
              RELATIONS.

     (a) In General.--Chapter 407 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4416. United States Academy for Democracy and Civil-Military 
              Relations
    ``(a) Establishment of Academy.--The Secretary of the Army, in 
cooperation with the Secretary of State, may operate an educational 
facility known as the United States Academy for Democracy and Civil-
Military Relations (in this section referred to as the ``Academy'').
    ``(b) Purposes of Academy.--The Academy shall be operated for the 
purposes of--
            ``(1) identifying the proper role for the military in a 
        democratic society; and
            ``(2) improving civil-military relations and civilian 
        control over military matters in Latin American countries and 
        Caribbean countries.
    ``(c)  Instruction at Academy.--
            ``(1) Areas of instruction.--Instruction at the Academy 
        shall be provided to civilian and military personnel of Latin 
        American countries and Caribbean countries, through seminars, 
        roundtable discussions, conferences, and a guest instructor 
        program, in the following areas:
                    ``(A) The principles of respect for democracy, 
                human rights, and civilian control of the military in a 
                democratic society.
                    ``(B) Mechanisms and skills necessary for the 
                exercise of civilian control and oversight over the 
                mission, structure, and operations of security forces.
                    ``(C) Mechanisms and procedures for ensuring 
                accountability within the armed forces and for 
                institutionalizing within the armed forces rules of 
                engagement and an approach to the conduct of military 
                operations in accordance with recognized principles of 
                international law and human rights.
                    ``(D) Mechanisms and skills necessary for the 
                exercise of civilian control and oversight over budgets 
                of security forces.
                    ``(E) Mechanisms and skills necessary for the 
                exercise of civilian control over, and merit based 
                procedures in, promotions in security forces.
                    ``(F) Mechanisms and skills necessary for the 
                exercise of civilian control over, and clear human 
                rights guidelines for, intelligence operations of 
                security forces.
                    ``(G) Mechanisms and skills necessary to establish 
                and operate military justice and disciplinary systems 
                in accordance with international human rights 
                procedures.
                    ``(H) Mechanisms and skills necessary to ensure 
                professional resource and personnel management in 
                security forces.
                    ``(I) Mechanisms and skills necessary to ensure 
                civilian control and oversight over security force 
                involvement in the civilian economy.
                    ``(J) Principles of multilateral cooperation in 
                internationally sanctioned peacekeeping operations.
                    ``(K) Strategies for cooperative threat reduction, 
                including diplomatic approaches to addressing border 
                disputes, defensive configuration of armed forces, and 
                full compliance with the United Nations Register of 
                Conventional Arms.
                    ``(L) Additional strategies designed to achieve 
                responsible reductions in military spending so that 
                resources may be used to promote development in Latin 
                American countries and Caribbean countries.
            ``(2) Combat and lethal skills training.--Combat and lethal 
        skills training shall not be offered as part of the curriculum 
        of the Academy.
            ``(3) Course catalogue and curriculum.--The course 
        catalogue and curriculum of the Academy shall be available for 
        public inspection.
    ``(d) Screening of Instructors and Students.--The Secretary of the 
Army, in cooperation with the Secretary of State, shall conduct a 
thorough screening of potential instructors and students at the Academy 
and ensure that they exhibit the highest level of commitment to and 
respect for democracy and human rights. The instructors of the Academy 
shall consist of civilians and military personnel. Every course and 
program at the Academy shall involve civilians, including civilian 
personnel in defense establishments, elected officials and civil 
servants, and representatives of human rights and other civic 
organizations. The number of civilians attending the Academy should be 
at least 20 percent of the total number of students, with the goal of 
reaching 50 percent within five years after the establishment of the 
Academy.
    ``(e) Advisory Committee.--The Secretary of the Army, in 
consultation with the Secretary of State, shall establish an advisory 
committee to provide advice on establishing and operating the Academy 
and the content of the curriculum. The advisory committee shall be 
comprised of five members from civilian life and shall include 
representatives of human rights organizations based in the United 
States and in Latin American and Caribbean countries with widely 
recognized expertise in investigating violations of human rights 
violations in those countries. The Advisory Committee shall approve all 
instructors of the Academy.
    ``(f) Human Rights Violators.--If it becomes known to the Secretary 
of State that persons who have attended the Academy have violated human 
rights, then the Secretary shall determine whether elements of the 
curriculum of the Academy are inconsistent with the purposes of the 
Academy.
    ``(g)  Funding.--The cost of operating and maintaining the Academy 
may be paid from funds available under chapter 5 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2347) (related to 
international military education and training assistance).''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 407 of such title is amended--
            (1) by striking the item relating to section 4415; and
            (2) by inserting after the item relating to section 4414 
        the following new item:

``4416. United States Academy for Democracy and Civil-Military 
                            Relations''.

SEC. 3. COUNTERMINE PROGRAMS.

    Nothing in this Act or the amendments made by this Act shall be 
interpreted to affect the authority to conduct countermine programs at 
other facilities at Fort Benning, Georgia, being carried out on the 
date of enactment of this Act at the School of the Americas in response 
to a request from the Organization of American States.

SEC. 4. REPORT TO CONGRESS.

    After the United States Academy for Democracy and Civil-Military 
Relations, established pursuant to section 4416 of title 10, United 
States Code, has been in operation for a period of two years, the 
Secretary of the Army shall submit to Congress a report on the 
achievements of the Academy, and on the desirability and feasibility of 
opening its courses and programs to attendees from outside of Latin 
America countries and Caribbean countries.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that resources made available to 
operate the United States Academy for Democracy and Civil-Military 
Relations, established pursuant to section 4416 of title 10, United 
States Code, should be commensurate with the total resources that were 
dedicated to the United States School of the Americas in fiscal year 
1996.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 1996.
                                 <all>