[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 634

    To suspend certain sanctions with respect to India and Pakistan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 1999

Mr. Brownback (for himself, Mr. Harkin, Mr. Helms, Mr. Mack, Mr. Robb, 
 Mr. Gorton, Mr. Kyl, and Mr. Roberts) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To suspend certain sanctions with respect to India and Pakistan.

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

SECTION 1. SUSPENSION OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN.

    (a) In General.--Effective for the period of five years commencing 
on the date of enactment of this Act, the sanctions contained in the 
following provisions of law shall not apply to India and Pakistan with 
respect to any grounds for the imposition of sanctions under those 
provisions arising prior to that date:
            (1) Section 101 of the Arms Export Control Act (22 U.S.C. 
        2799aa).
            (2) Section 102 of the Arms Export Control Act (22 U.S.C. 
        2799aa-1) other than subsection (b)(2) (B), (C), or (G).
            (3) Section 2(b)(4) of the Export Import Bank Act of 1945 
        (12 U.S.C. 635(b)(4)).
    (b) Special Rule for Commercial Defense Exports.--
            (1) In general.--Subject to paragraph (2), effective for 
        the five-year period described in subsection (a), the sanction 
        contained in section 102(b)(2)(B)(ii) of the Arms Export 
        Control Act (22 U.S.C. 2799aa-1(b)(2)(B)(ii)) shall not apply 
        to India or Pakistan with respect to any grounds for the 
        imposition of that sanction arising prior to the date of 
        enactment of this Act if imposition of the sanction (but for 
        this paragraph) would deny any license for the export of any 
        defense article, or related defense service or technology, 
        needed by that country--
                    (A) as a replacement or spare part for an item in 
                the country's inventory as of the date of enactment of 
                this Act;
                    (B) as a substitute for such an item in any case 
                where that item is no longer being manufactured and 
                readily available; or
                    (C) as a safety enhancement that would not 
                significantly improve the country's combat 
                capabilities.
            (2) Exceptions.--Paragraph (1) shall not apply--
                    (A) with respect to a license for the export of a 
                defense article, defense service, or technology unless 
                the export of such article, service, or technology, 
                regardless of dollar value, is subject to the same 
                requirements as are applicable to the export of items 
                described in section 36(c) of the Arms Export Control 
                Act (22 U.S.C. 2776(c)), including the transmittal of 
                information and the application of congressional review 
                procedures described in that section; and
                    (B) with respect to the export of any item that 
                could contribute directly or indirectly to missile 
                development, or to a nuclear, chemical, or biological 
                weapons program.
    (c) Renewal of Suspension.--Upon expiration of the initial five-
year period of suspension of the sanctions contained in paragraph (1) 
or (2) of subsection (a), the President may renew the suspension with 
respect to India, Pakistan, or both for additional periods of five 
years each if, not less than 30 days prior to each renewal of 
suspension, the President certifies to the appropriate congressional 
committees that it is in the national interest of the United States to 
do so.
    (d) Restriction.--The authority of subsection (a) may not be used 
to provide assistance under chapter 4 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to economic 
support fund assistance) except for--
            (1) assistance that supports the activities of 
        nongovernmental organizations;
            (2) assistance that supports democracy or the establishment 
        of democratic institutions; or
            (3) humanitarian assistance.
    (e) Statutory Construction.--Nothing in this Act prohibits the 
imposition of sanctions by the President under any provision of law 
specified in subsection (a) or (b) by reason of any grounds for the 
imposition of sanctions under that provision of law arising on or after 
the date of enactment of this Act.

SEC. 2. REPEALS.

    The following provisions of law are repealed:
            (1) Section 620E(e) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2375(e)).
            (2) The India-Pakistan Relief Act (title IX of the 
        Agriculture, Rural Development, Food and Drug Administration, 
        and Related Agencies Appropriations Act, 1999, as contained in 
        section 101(a) of Public Law 105-277).

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this section, the term ``appropriate congressional committees'' 
means the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives.
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