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103D CONGRESS

1ST SESSION H. R. 344

To prohibit exports of dual use items to terrorist countries, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. SCHUMER (for himself, Mr. ZIMMER, Mr. BERMAN, Mr. KYL, Mr. WAXMAN, and Mr. KASICH) introduced the following bill; which was referred

to the Committee on Foreign Affairs

A BILL

To prohibit exports of dual use items to terrorist countries,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION ON EXPORTS OF DUAL USE

4 ITEMS TO TERRORIST COUNTRIES.

5 (a) PROHIBITION ON DUAL USE ITEMS.—Section

6 6(j) of the Export Administration Act of 1979 (50 U.S.C.

7 App. 2405(j)) is amended—

8 (1) in paragraph (1) by striking ‘‘A validated li9 cense shall be required for the export of goods or
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1 technology to a country’’ and inserting ‘‘Goods or

2 technology may not be exported to a country’’;

3 (2) by striking paragraph (2);

4 (3) by redesignating paragraphs (3) and (4) as

5 paragraphs (2) and (3), respectively; and

6 (4) by adding at the end the following:

7 ‘‘(4) The President may waive the prohibitions con8 tained in paragraph (1) with respect to a specific trans9 action if—

10 ‘‘(A) the President determines that the trans11 action is essential to the national security interests

12 of the United States; and

13 ‘‘(B) not less than 15 days prior to the pro14 posed transaction, the President—

15 ‘‘(i) consults with the Committee on For16 eign Affairs of the House of Representatives

17 and the Committee on Banking, Housing, and

18 Urban Affairs of the Senate regarding the pro19 posed transaction; and

20 ‘‘(ii) submits to the Speaker of the House

21 of Representatives and the chairman of the

22 Committee on Banking, Housing, and Urban

23 Affairs of the Senate a report containing—

24 ‘‘(I) the name of the country involved

25 in the proposed transaction, the identity of
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1 any recipient of the items to be provided

2 pursuant to the proposed transaction, and

3 the anticipated use of those items;

4 ‘‘(II) a description of the items in5 volved in the proposed transaction (includ6 ing their market value) and the actual sale

7 price at each step in the transaction;

8 ‘‘(III) the reasons why the proposed

9 transaction is essential to the national se10 curity interests of the United States and

11 the justification for such proposed trans12 action;

13 ‘‘(IV) the date on which the proposed

14 transaction is expected to occur; and

15 ‘‘(V) the name of every United States

16 Government department, agency, or other

17 entity involved in the proposed transaction,

18 every foreign government involved in the

19 proposed transaction, and every private

20 party with significant participation in the

21 proposed transaction.

22 To the extent possible, the information specified in clause

23 (ii) of subparagraph (B) shall be provided in unclassified

24 form, with any classified information provided in an ad25 dendum to the report.’’.
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1 (b) CHEMICAL AND BIOLOGICAL WEAPONS.—Section

2 6(m) of the Export Administration Act of 1979 (50 U.S.C.

3 2405(m)) is amended by adding at the end the following:

4 ‘‘(4) DENIAL OF LICENSES TO TERRORIST

5 COUNTRIES.—(A) Licenses under paragraph (2)

6 shall be denied if the ultimate consignee of the goods

7 or technology involved is in a country the govern8 ment of which is determined for purposes of sub9 section (j) to be a government that has repeatedly

10 provided support for acts of international terrorism.

11 ‘‘(B) The President may waive subparagraph

12 (A) with respect to a specific transaction if the re13 quirements of subsection (j)(4) are met.’’.

14 SEC. 2. REPORTS TO CONGRESS ON OFFICIALS OF TERROR15 IST GOVERNMENTS.

16 (a) SUBMISSION OF REPORTS.—The President shall

17 submit to the Congress, not later than 1 year after the

18 date of the enactment of this Act, and not later than the

19 end of each 1-year period thereafter, a report describing

20 in detail all visits to the United States, during the 1-year

21 period preceding the date of the report, by any official of

22 any government that is determined, for purposes of section

23 6(j) of the Export Administration Act of 1979, to be a

24 government that has repeatedly provided support for acts

25 of international terrorism.
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