[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3109 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3109

To amend the Export Administration Act of 1979 with respect to exports 
                        to terrorist countries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1996

Mr. Gejdenson introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To amend the Export Administration Act of 1979 with respect to exports 
                        to terrorist countries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 6(j) of 
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is 
amended to read as follows:
    ``(j) Countries Supporting International Terrorism.--
            ``(1) Prohibition on exports.--(A) No export or reexport 
        described in subparagraph (B) may be made to any country the 
        government of which the Secretary of State has determined has 
        repeatedly provided support for acts of international 
        terrorism.
            ``(B) The exports and reexports referred to in subparagraph 
        (A) are--
                    ``(i) of any goods or technology the export of 
                which is controlled under this Act pursuant to the 
                Wassenaar Arrangement, the Missile Technology Control 
                Regime, or the Australia Group, or controlled under 
                this Act pursuant to section 309(c) of the Nuclear Non-
                Proliferation Act of 1978,
                    ``(ii) of any other goods or technology the export 
                of which is controlled under this Act pursuant to 
                multilateral export control regimes in which the United 
                States participates, and
                    ``(iii) of any goods or technology which could make 
                a significant contribution to the military potential of 
                a country described in subparagraph (A), including its 
                military logistics capability, or could enhance the 
                ability of such country to support acts of 
                international terrorism,
        other than food, medicine, or medical supplies that the 
        President determines will be used only for humanitarian 
        purposes. An individual validated license shall be required for 
        the export under this paragraph of any such food, medicine, or 
        medical supplies.
            ``(C) Subsections (a)(3) and (b) shall not apply to exports 
        prohibited or restricted under this subsection.
            ``(D)(i) The Secretary shall maintain a list of goods and 
        technology described in subparagraph (B)(iii). The Secretary 
        shall review the list of items on that list at least annually. 
        At the conclusion of the review, the Secretary shall determine 
        whether to remove items from the list, change the 
        specifications of items on the list, or add items to the list, 
        in order to ensure that the items on the list meet the 
        requirements of subparagraph (B)(iii).
            ``(ii) The procedures set forth in section 5(c)(3) shall 
        apply to reviews under clause (i) of the list of items 
        described in subparagraph (B)(iii) to the same extent as such 
        section applies to reviews of the control list under section 5.
            ``(2) Notification of congress of licenses issued.--The 
        Secretary and the Secretary of State shall notify the Speaker 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on Foreign 
        Relations of the Senate at least 30 days before issuing any 
        license under this Act for exports to a country the government 
        of which the Secretary of State has determined has repeatedly 
        provided support for acts of international terrorism.
            ``(3) Publication of determinations.--Each determination of 
        the Secretary of State under paragraph (1)(A) shall be 
        published in the Federal Register.
            ``(4) Rescission of determinations.--A determination made 
        by the Secretary of State under paragraph (1)(A) may not be 
        rescinded unless the President submits to the Speaker of the 
        House of Representatives and the chairman of the Committee on 
        Banking, Housing, and Urban Affairs and the chairman of the 
        Committee on Foreign Relations of the Senate--
                    ``(A) before the proposed rescission would take 
                effect, a report certifying that--
                            ``(i) there has been a fundamental change 
                        in the leadership and policies of the 
                        government of the country concerned;
                            ``(ii) that government is not supporting 
                        acts of international terrorism; and
                            ``(iii) that government has provided 
                        assurances that it will not support acts of 
                        international terrorism in the future; or
                    ``(B) at least 45 days before the proposed 
                rescission would take effect, a report justifying the 
                rescission and certifying that--
                            ``(i) the government concerned has not 
                        provided any support for international 
                        terrorism during the preceding 6-month period; 
                        and
                            ``(ii) the government concerned has 
                        provided assurances that it will not support 
                        acts of international terrorism in the future.
            ``(5) Waiver of prohibitions.--The President may waive the 
        prohibitions contained in paragraph (1)(A) with respect to a 
        specific transaction if--
                    ``(A) the President determines that the transaction 
                is essential to the national security interests of the 
                United States; and
                    ``(B) not less than 30 days prior to the proposed 
                transaction, the President--
                            ``(i) consults with the Committee on 
                        International Relations of the House of 
                        Representatives and the Committee on Banking, 
                        Housing, and Urban Affairs of the Senate 
                        regarding the proposed transaction; and
                            ``(ii) submits to the Speaker of the House 
                        of Representatives and the chairman of the 
                        Committee on Banking, Housing, and Urban 
                        Affairs of the Senate a report containing--
                                    ``(I) the name of any country 
                                involved in the proposed transaction, 
                                the identity of any recipient of the 
                                items to be provided pursuant to the 
                                proposed transaction, and the 
                                anticipated use of those items;
                                    ``(II) a description of the items 
                                involved in the proposed transaction 
                                (including their market value) and the 
                                actual sale price at each step in the 
                                transaction;
                                    ``(III) the reasons why the 
                                proposed transaction is essential to 
                                the national security interests of the 
                                United States and the justification for 
                                the proposed transaction;
                                    ``(IV) the date on which the 
                                proposed transaction is expected to 
                                occur; and
                                    ``(V) the name of every United 
                                States Government department, agency, 
                                or other entity involved in the 
                                proposed transaction, and every foreign 
                                government involved in the proposed 
                                transaction.
        To the extent possible, the information specified in clause 
        (ii) of subparagraph (B) shall be provided in unclassified 
        form.
            ``(6) Multilateral regimes.--The Secretary of State, in 
        consultation with appropriate departments and agencies, shall 
        have a continuing duty to seek support by other countries and 
        by effective multilateral control regimes of controls imposed 
        by this subsection.
            ``(7) Effect on other laws.--The provisions of this 
        subsection do not affect any other provision of law to the 
        extent such other provision imposes greater restrictions on 
        exports to any country the government of which the Secretary of 
        State has determined has repeatedly provided support for acts 
        of international terrorism than are imposed under this 
        subsection.''.
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