[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4874 Introduced in House (IH)]







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 Representatives 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 SERVICES 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 SERVICES 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 training under 
        chapter 5 of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2347 et seq.); or
            ``(2) other military assistance or arms transfers.
    ``(b) Exceptions.--(1) A foreign country that is eligible to 
receive only expanded international military education and training 
under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.), and is 
not otherwise prohibited 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 justice, 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 restricted, 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 containing--
            ``(A) 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 
        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 military assistance 
        or arms transfers so prohibited or restricted.
    ``(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 section.
    ``(c) Waiver.--The President may waive the prohibition in 
subsection (a) with respect to a foreign country if the President--
            ``(1) determines that it is important to the national 
        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 important 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 transfers;
                    ``(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 defense 
                services and training to be provided to the country 
                under the waiver, will preserve to the fullest extent 
                consistent with the national security of the United 
                States the purpose of the provision of law that 
                prohibits or restricts receipt by the country of 
                international military education and training or any 
                other military assistance 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 Financing 
        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 services 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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