[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3023 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3023

   To end American subsidization of entities contributing to weapons 
                             proliferation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

Mr. Weldon of Pennsylvania (for himself and Mr. Markey) introduced the 
  following bill; which was referred to the Committee on Intelligence 
 (Permanent Select), and in addition to the Committees on Banking and 
  Financial Services and International Relations, 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 end American subsidization of entities contributing to weapons 
                             proliferation.

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

SECTION 1. PROLIFERATOR DESUBSIDIZATION.

    (a) Annual Report.--The Director of Central Intelligence shall 
submit an annual report to the Members of Congress specified in 
subsection (f) containing the information described in subsection (b). 
The first such report shall be submitted not later than 30 days after 
the date of the enactment of this Act and subsequent reports shall be 
submitted annually thereafter. Each such report shall be submitted in 
classified form.
    (b) Identification of Foreign Entities Transferring Items or 
Technologies.--Each report shall identify each covered entity which 
during the preceding 2 years transferred a controlled item to another 
entity for use in any of the following:
            (1) A missile project of concern (as determined by the 
        Director of Central Intelligence).
            (2) Activities to develop, produce, stockpile, or deliver 
        chemical or biological weapons.
            (3) Nuclear activities in countries that do not maintain 
        full scope International Atomic Energy Agency safeguards or 
        equivalent full scope safeguards.
    (c) Prohibition of Subsidies for Proliferator Entities.--Subject to 
subsection (d), the following shall be applicable with respect to each 
entity identified in the most recent report under subsection (a):
            (1) The Export-Import Bank of the United States may not 
        issue any guarantee, insurance, or extension of credit, or 
        approve any participation in an extension of credit, that would 
        be used to conduct business with that entity.
            (2) The Overseas Private Investment Corporation may not 
        issue any insurance, reinsurance, or guarantee, or provide any 
        financing, that would be used to conduct business with that 
        entity.
            (3) No license may be approved for the transfer to that 
        entity of--
                    (A) any controlled item;
                    (B) any other item for which a validated license is 
                required under section 5, 6(l), or 6(m) of the Export 
                Administration Act of 1979 or for which a validated 
                license is required under that Act pursuant to section 
                309(c) of the Nuclear Non-Proliferation Act of 1978;
                    (C) any other item on the United States Munitions 
                List; or
                    (D) any other item controlled for export under the 
                Atomic Energy Act of 1954.
            (4) The Secretary of Energy may not approve a request under 
        section 57b.(2) of the Atomic Energy Act of 1954 to engage, 
        directly or indirectly, in the production of special nuclear 
        material by that entity.
    (d) Removal of Prohibition.--The prohibition under subsection (c) 
shall cease to apply with respect to an entity if the Director of 
Central Intelligence submits a certification in writing to the Members 
of Congress specified in subsection (f) that the entity has ceased to 
make transfers described in subsection (b) and is unlikely to resume 
such transfers.
    (e) Definitions.--For the purposes of this section:
            (1) Controlled item.--(A) The term ``controlled item'' 
        means any of the following items (including technology):
                    (i) Any item on the MTCR Annex.
                    (ii) An item listed for control by the Australia 
                Group.
                    (iii) Any item listed for control by the Nuclear 
                Suppliers Group.
            (B) Australia group.--The term ``Australia Group'' means 
        the multilateral regime in which the United States participates 
        that seeks to prevent the proliferation of chemical and 
        biological weapons.
            (C)  MTCR annex.--The term ``MTCR Annex'' has the meaning 
        given that term in section 74 of the Arms Export Control Act 
        (22 U.S.C. 2797c).
            (D) Nuclear suppliers' group.--The term ``Nuclear 
        Suppliers' Group'' means the multilateral arrangement in which 
        the United States participates whose purpose is to restrict the 
        transfers of items with relevance to the nuclear fuel cycle or 
        nuclear explosive applications.
            (2) Covered entity.--The term ``covered entity'' means a 
        foreign person, corporation, business association, partnership, 
        society, trust, or other nongovernmental organization or group 
        or any government entity operating as a business. Such term 
        includes any successor to any such entity.
            (3) Missile project.--(A) The term ``missile project'' 
        means a project or facility for the design, development, or 
        manufacture of a missile.
            (B) The term ``missile'' has the meaning given that term in 
        section 74 of the Arms Export Control Act (22 U.S.C. 2797c).
    (f) Specified Members of Congress.--The Members of Congress 
referred to in this subsection are the following:
            (1) The chairman and ranking minority party member of the 
        following committees of the House of Representatives: the 
        Committee on International Relations, the Committee on National 
        Security, the Permanent Select Committee on Intelligence, and 
        the Committee on Appropriations.
            (2) The chairman and ranking minority party member of the 
        following committees of the Senate: the Committee on Foreign 
        Relations, the Committee on Armed Services, the Select 
        Committee on Intelligence, the Committee on Appropriations, and 
        the Committee on Governmental Affairs.
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