Home > 106th Congressional Bills > H.R. 973 (ih) To modify authorities with respect to the provision of security assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act, and for other purposes. [Introduced in House] ...H.R. 973 (ih) To modify authorities with respect to the provision of security assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act, and for other purposes. [Introduced in House] ...
(d) Prior Notifications of Proposed Transfers.--Not less 30 days
before making a transfer under the authority of this section, the
President shall transmit to the chairmen of the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives a detailed notification of the proposed
transfer, which shall include an identification of the items to be
transferred and the concessions to be received.
(e) Termination of Authority.--No transfer may be made under the
authority of this section more than three years after the date of
enactment of this Act.
TITLE IV--INTERNATIONAL ARMS SALES CODE OF CONDUCT ACT OF 1999
SEC. 401. SHORT TITLE.
This title may be cited as the ``International Arms Sales Code of
Conduct Act of 1999''.
SEC. 402. FINDINGS.
The Congress finds the following:
(1) The proliferation of conventional arms and conflicts
around the globe are multilateral problems. The only way to
effectively prevent rogue nations from acquiring conventional
weapons is through a multinational ``arms sales code of
conduct''.
(2) Approximately 40,000,000 people, over 75 percent of
whom were 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.
(3) Conflict has actually increased in the post cold war
era.
(4) It is in the national security and economic interests
of the United States to reduce dramatically the
$840,000,000,000 that all countries spend on armed forces every
year, $191,000,000,000 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.
(5) 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.
(6) A decision to provide military assistance and arms
transfers to a government that is undemocratic, does not
adequately protect human rights, or is currently engaged in
acts of armed aggression 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. 403. INTERNATIONAL ARMS SALES CODE OF CONDUCT.
(a) Negotiations.--The President shall attempt to achieve the
foreign policy goal of an international arms sales code of conduct with
all Wassenaar Arrangement countries. The President shall take the
necessary steps to begin negotiations with all Wassenaar Arrangement
countries within 120 days after the date of the enactment of this Act.
The purpose of these negotiations shall be to conclude an agreement on
restricting or prohibiting arms transfers to countries that do not meet
the following criteria:
(1) Promotes democracy.--The government of the country--
(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.--The government of the country--
(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.--The
government of the country is not currently engaged in acts of
armed aggression in violation of international law.
(4) Full participation in united nations register of
conventional arms.--The government of the country is fully
participating in the United Nations Register of Conventional
Arms.
(b) Reports to Congress.--(1) In the report required in sections
116(d) and 502B of the Foreign Assistance Act of 1961, the Secretary of
State shall describe the extent to which the practices of each country
evaluated meet the criteria in paragraphs (1) through (4) of subsection
(a).
(2) Not later than 6 months after the commencement of the
negotiations under subsection (a), and not later than the end of every
6-month period thereafter until an agreement described in subsection
(a) is concluded, the President shall report to the appropriate
committees of the Congress on the progress made during these
negotiations.
(c) Definition.--The term ``Wassenaar Arrangement countries'' means
Argentina, Australia, Austria, Belgium, Bulgaria, Canada, the Czech
Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland,
Portugal, the Republic of Korea, Romania, Russia, Slovakia, Spain,
Sweden, Switzerland, Turkey, Ukraine, and the United Kingdom.
TITLE V--AUTHORITY TO EXEMPT INDIA AND PAKISTAN FROM CERTAIN SANCTIONS
SEC. 501. WAIVER AUTHORITY.
(a) Authority.--
(1) In general.--Except as provided in subsection (b), the
President may waive, with respect to India or Pakistan, the
application of any sanction or prohibition (or portion thereof)
contained in section 101 or 102 of the Arms Export Control Act
(22 U.S.C. 2799aa or 2799aa-1), section 620E(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2375(e)), or section 2(b)(4)
of the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)).
(2) Effective date.--A waiver of the application of a
sanction or prohibition (or portion thereof) under paragraph
(1) shall be effective only for a period ending on or before
September 30, 2000.
(b) Exception.--The authority to waive the application of a
sanction or prohibition (or portion thereof) under subsection (a) shall
not apply with respect to a sanction or prohibition contained in
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
Control Act.
(c) Notification.--A waiver of the application of a sanction or
prohibition (or portion thereof) contained in section 541 of the
Foreign Assistance Act of 1961 shall not become effective until 15 days
after notice of such waiver has been reported to the congressional
committees specified in section 634A(a) of such Act in accordance with
the procedures applicable to reprogramming notifications under that
section.
SEC. 502. CONSULTATION.
Prior to each exercise of the authority provided in section 501,
the President shall consult with the appropriate congressional
committees.
SEC. 503. REPORTING REQUIREMENT.
Not later than August 31, 2000, the Secretary of State shall
prepare and submit to the appropriate congressional committees a report
on economic and national security developments in India and Pakistan.
SEC. 504. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
TITLE VI--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES
SEC. 601. AUTHORITY TO TRANSFER NAVAL VESSELS.
(a) Dominican Republic.--The Secretary of the Navy is authorized to
transfer to the Government of the Dominican Republic the medium
auxiliary floating dry dock AFDM 2. Such transfer shall be on a grant
basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j).
(b) Ecuador.--The Secretary of the Navy is authorized to transfer
to the Government of Ecuador the ``OAK RIDGE'' class medium auxiliary
repair dry dock ALAMOGORDO (ARDM 2). Such transfer shall be on a sales
basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(c) Egypt.--The Secretary of the Navy is authorized to transfer to
the Government of Egypt the ``NEWPORT'' class tank landing ships
BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). Such transfers shall
be on a sales basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(d) Greece.--(1) The Secretary of the Navy is authorized to
transfer to the Government of Greece the ``KNOX'' class frigate CONNOLE
(FF 1056). Such transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) The Secretary of the Navy is authorized to transfer to the
Government of Greece the medium auxiliary floating dry dock COMPETENT
(AFDM 6). Such transfer shall be on a sales basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(e) Mexico.--The Secretary of the Navy is authorized to transfer to
the Government of Mexico the ``NEWPORT'' class tank landing ship
NEWPORT (LST 1179) and the ``KNOX'' class frigate WHIPPLE (FF 1062).
Such transfers shall be on a sales basis under section 21 of the Arms
Export Control Act (22 U.S.C. 2761).
(f) Poland.--The Secretary of the Navy is authorized to transfer to
the Government of Poland the ``OLIVER HAZARD PERRY'' class guided
missile frigate CLARK (FFG 11). Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(g) Taiwan.--The Secretary of the Navy is authorized to transfer to
the Taipei Economic and Cultural Representative Office in the United
States (which is the Taiwan instrumentality designated pursuant to
section 10(a) of the Taiwan Relations Act) the ``NEWPORT'' class tank
landing ship SCHENECTADY (LST 1185). Such transfer shall be on a sales
basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(h) Thailand.--The Secretary of the Navy is authorized to transfer
to the Government of Thailand the ``KNOX'' class frigate TRUETT (FF
1095). Such transfer shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(i) Turkey.--The Secretary of the Navy is authorized to transfer to
the Government of Turkey the ``OLIVER HAZARD PERRY'' class guided
missile frigates FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such
transfers shall be on a sales basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761).
SEC. 602. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF
TRANSFERRED EXCESS DEFENSE ARTICLES.
The value of a vessel transferred to another country on a grant
basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to authority provided by section 601 shall not
be counted for the purposes of section 516(g) of the Foreign Assistance
Act of 1961 in the aggregate value of excess defense articles
transferred to countries under that section in any fiscal year.
SEC. 603. COSTS OF TRANSFERS.
Any expense incurred by the United States in connection with a
transfer of a vessel authorized by section 601 shall be charged to the
recipient.
SEC. 604. EXPIRATION OF AUTHORITY.
The authority to transfer vessels under section 601 shall expire at
the end of the 2-year period beginning on the date of the enactment of
this Act.
SEC. 605. REPAIR AND REFURBISHMENT OF VESSELS IN UNITED STATES
SHIPYARDS.
The Secretary of the Navy shall require, to the maximum extent
possible, as a condition of a transfer of a vessel under section 601,
that the country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
SEC. 606. SENSE OF THE CONGRESS RELATING TO TRANSFER OF NAVAL VESSELS
AND AIRCRAFT TO THE GOVERNMENT OF THE PHILIPPINES.
(a) Sense of the Congress.--It is the sense of the Congress that--
(1) the President should transfer to the Government of the
Philippines, on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense
articles described in subsection (b); and
(2) the United States should not oppose the transfer of F-5
aircraft by a third country to the Government of the
Philippines.
(b) Excess Defense Articles.--The excess defense articles described
in this subsection are the following:
(1) UH-1 helicopters, A-4 aircraft, and the ``POINT'' class
Coast Guard cutter POINT EVANS.
(2) Amphibious landing craft, naval patrol vessels
(including patrol vessels of the Coast Guard), and other naval
vessels (such as frigates), if such vessels are available.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. ANNUAL MILITARY ASSISTANCE REPORTS.
Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2415(b)) is amended to read as follows:
``(b) Information Relating to Military Assistance and Military
Exports.--Each such report shall show the aggregate dollar value and
quantity of defense articles (including excess defense articles),
defense services, and international military education and training
activities authorized by the United States and of such articles,
services, and activities provided by the United States, excluding any
activity that is reportable under title V of the National Security Act
of 1947, to each foreign country and international organization. The
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