Legislative Proposal Disclaimer

The policies and legislative proposals presented on this website reflect the goals, priorities, and policy positions of Oxford C.F. Nordberg as a candidate for public office.

All proposals are conceptual working drafts intended to communicate policy direction and legislative intent. They are subject to revision through the legislative process, including legal review, constitutional constraints, public input, committee consideration, amendment, and approval by the appropriate legislative bodies.

Nothing on this website should be interpreted as enacted law, legal advice, or a guarantee of legislative outcome.

Any references to budgets, timelines, performance targets, enforcement mechanisms, or anticipated outcomes are illustrative only and are provided to explain policy objectives—not to represent final statutory language or binding commitments.

Foreign Military Assistance Accountability & Conditionality Act (FMAC Act)

1) Precise Problem Framing

Defined Harms (clear, limited, evidence‑agnostic): - U.S. military assistance may continue while
credible information of gross violations of human rights involving recipient units remains unresolved, weakening accountability and public trust. -
Unconditional or weakly conditioned assistance can reduce incentives for timely, independent investigations and corrective action. -
Inconsistent standards applied to allies versus adversaries undermine the rule of law and U.S. credibility. -Delayed or opaque reviews prevent Congress and the public from assessing whether U.S. funds are used consistent with U.S. law and stated values. -
Retaliation risks deter victims, witnesses, and whistleblowers from reporting misconduct.
Primary Failure Modes: - Enforcement gap (internal-only reviews; no binding timelines). - Incentive misalignment (aid flows regardless of accountability outcomes). - Oversight failure (limited public reporting; unclear triggers).

2) Design Constraints (Guardrails)

Constitutional Hooks (stated cautiously): - Spending Clause: Congress may place conditions on the use of federal funds. - Foreign affairs and national security authorities of Congress.
Federalism: - This Act governs federal assistance decisions and U.S.-nexus conduct; it does not criminalize foreign conduct absent U.S. jurisdiction.
Civil Liberties & Due Process: - Fifth Amendment: notice, opportunity to respond, defined standards. - First Amendment: no viewpoint discrimination; protected reporting. - Eighth Amendment: proportional penalties.
Red Lines (statutory intent): - No collective blame; no guilt by association; no punishment without process.

3) Legislative Text

Section 1. Short Title

This Act may be cited as the “Foreign Military Assistance Accountability & Conditionality Act.”

Section 2. Findings and Purpose

Findings. Congress finds that—
1. The United States provides military assistance pursuant to federal law and appropriations.
2. Existing U.S. law conditions certain assistance at the unit level when there is credible information of gross violations of human rights and requires effective steps toward accountability.
3. Clear timelines, transparency, and independent review strengthen alliances, protect civilians, and preserve public confidence.

Purpose. To reinforce and operationalize existing U.S. accountability standards by establishing enforceable timelines, transparency, and conditionality for U.S. military assistance when credible information of gross violations of human rights arises.

Section 3. Definitions

For purposes of this Act:

1. Covered Assistance—U.S. military assistance, including financing, equipment transfers, training, intelligence or operational support, or services, provided to a foreign military or security force; excluding humanitarian aid and systems designated by rule as primarily defensive.
2. Credible Information—information that, considering source reliability and consistency, would warrant investigation under existing U.S. human‑rights vetting standards. (This term is intended to align conceptually with existing unit‑level vetting frameworks.)
3. Gross Violation of Human Rights—conduct including sexual violence, torture or cruel treatment, extrajudicial killing, enforced disappearance, or intentional targeting of civilians.
4. Covered Unit—a discrete foreign military or security unit, formation, or sub‑unit that receives Covered Assistance.
5. Independent Investigation—an investigation that:
a. Is not conducted solely within the implicated unit’s chain of command;
b. Has authority to collect and preserve evidence;
c. Provides reasonable protection for victims and witnesses; and
d. Produces written findings.

Section 4. Duties and Conditionality

(a) Initial Determination. Upon receipt of Credible Information involving a Covered Unit, the Secretary of State shall, within 30 days, determine whether the matter remains unresolved.
(b) Certification Requirement. If unresolved after 90 days, the Secretary shall certify to Congress whether an Independent Investigation meeting Section 3(5) is underway.
(c) Conditional Hold. If certification is not made, Covered Assistance to the implicated Covered Unit shall be temporarily held until certification is provided or findings are issued.
(d) Scope Limitation. Holds shall be unit‑specific and shall not apply to humanitarian assistance or designated defensive systems.
(e) Prohibition. Knowingly obligating or disbursing Covered Assistance in violation of an active hold is prohibited.

Section 5. Enforcement Authorities

(a) Administrative. Suspension, conditioning, or termination of Covered Assistance; mandatory compliance directives.
(b) Civil. Injunctive relief and civil penalties for violations of this Act
(c) Criminal (U.S. Nexus). Prosecution under applicable statutes for fraud, false statements, obstruction, destruction of evidence, or retaliation connected to Covered Assistance.

Section 6. Penalties and Remedies

(a) Individuals. Tiered civil penalties; criminal liability where applicable law provides.
(b) Officials. Mandatory Inspector General referral for falsification, obstruction, or retaliation; disciplinary action where warranted.
(c) Contractors and Vendors. Suspension or debarment, restitution, forfeiture, and enhanced damages for fraud.
(d) Aggravating Factors. Repeated violations, retaliation, or evidence destruction.

Section 7. Due Process and Safeguards

(a) Written notice of determinations and holds.
(b) Opportunity to submit responsive information.
(c) Clear evidentiary standards established by rule.
(d) Whistleblower protections and strict anti‑retaliation penalties.

Section 8. Oversight and Reporting

(a) Public Reporting. While a hold is active, the Secretary shall publish a status report every 60 days, with a classified annex as necessary.
(b) Audits. Relevant Inspectors General shall audit compliance. VERIFY: scope and coordination with GAO.(c) Noncompliance. Missed deadlines require written notice to Congress within 7 days and automatic Inspector General referral.

Section 9. Funding and Guardrails

(a) Authorization of appropriations. VERIFY: amount.
(b) Supplement‑not‑supplant requirement.
(c) Clawback authority for misuse; mandatory referral for enforcement.

Section 10. Rulemaking

(a) Interim final rules within 120 days of enactment.
(b) Public notice and comment; publication of standards.

Section 11. Relationship to Other Law

Nothing in this Act limits or replaces existing human‑rights vetting or arms‑transfer authorities; this Act provides additional transparency, timelines, and conditionality.

Section 12. Severability

If any provision is held invalid, the remainder shall not be affected.

Section 13. Effective Date

This Act shall take effect 180 days after enactment.

Legislative Proposal Disclaimer

The policies and legislative proposals presented on this website reflect the goals, priorities, and policy positions of Oxford C.F. Nordberg as a candidate for public office.

All proposals are conceptual working drafts intended to communicate policy direction and legislative intent. They are subject to revision through the legislative process, including legal review, constitutional constraints, public input, committee consideration, amendment, and approval by the appropriate legislative bodies.

Nothing on this website should be interpreted as enacted law, legal advice, or a guarantee of legislative outcome.

Any references to budgets, timelines, performance targets, enforcement mechanisms, or anticipated outcomes are illustrative only and are provided to explain policy objectives—not to represent final statutory language or binding commitments.