I
106TH CONGRESS
1ST SESSION
H. R. 1570
To create incentives for the People’s Republic of China and India to adopt
a policy of restraint with respect to their nuclear activities, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 27, 1999
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committee on
Banking and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To create incentives for the People’s Republic of China and
India to adopt a policy of restraint with respect to their
nuclear activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘The Incentives for Nu-
clear Nonproliferation in India and China Act of 1999’’.
SEC. 2. CONDITIONS FOR SUSPENSION OF SANCTIONS.
(a) SUSPENSION OF SANCTIONS WITH RESPECT TO
CHINA.—
(1) AUTHORITY
TO
SUSPEND
SANCTIONS.—
Subject to section 3 of this Act, in addition to the
requirements set forth in section 902(a) of the For-
eign Relations Authorization Act, Fiscal Years 1990
and 1991 (22 U.S.C. 2151 note), for lifting the
sanctions imposed on the People’s Republic of China
under that section, the President may suspend, for
periods of 1 year each, any of the sanctions imposed
under that section only if that country has met the
requirements of paragraph (2) and the President
certifies to the Congress that the People’s Republic
of China is making progress in achieving the goals
set forth in paragraph (3).
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following:
(A) Becoming a participant in, and con-
trolling missile equipment and technology in ac-
cordance with the criteria and standards set
forth in, the Missile Technology Control Re-
gime.
(B) Refraining from exporting any nuclear
weapons or technology or any biological or
chemical weapons.
(C) Becoming a member of the Nuclear
Suppliers’ Group.
(3) GOALS.—The goals referred to in paragraph
(1) are the following:
(A) Providing for comprehensive cultural
and educational exchange between among India
and the People’s Republic of China.
(B) Developing and institutionalizing a
framework for talks to end disputes between
India and the People’s Republic of China.
(C) Reinforcing actions to increase trade
relations between India and the People’s Re-
public of China.
(b) SUSPENSION OF SANCTIONS WITH RESPECT TO
INDIA.—
(1) AUTHORITY TO SUSPEND SANCTIONS.—The
President may suspend, for periods of 1 year each,
any of the sanctions imposed under section 102(b)
of the Arms Export Control Act (22 U.S.C. 2799–
1(b)(A) on India if India has met the requirements
of paragraph (2) and the President certifies to the
Congress that India is making progress in achieving
the goals set forth in paragraph (3). The authority
under this paragraph to suspend sanctions shall take
effect upon the expiration of the suspension by the
President, under section 902 of the India-Pakistan
Relief Act of 1998, of sanctions with respect to
India.
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following:
(A) Signing the Comprehensive Test Ban
Treaty.
(B) Reducing the development of nuclear
weapons by—
(i) freezing stockpiles of nuclear weap-
ons;
(ii) halting production of fissile mate-
rial (highly enriched uranium and pluto-
nium processed for use in weapons) and
participating in talks to conclude the
Fissile Material Cut-off Treaty; and
(iii) agreeing not to place nuclear war-
heads and weapons of mass destruction on
missile systems, and agreeing not to have
nuclear warheads on alert status or deploy
or test ballistic missiles.
(C) Refraining from exporting any nuclear
weapons or technology.
(D) Becoming a member of the Nuclear
Suppliers’ Group.
(3) GOALS.—The goals referred to in paragraph
(1) are the following:
(A) Signing the Treaty on the Non-Pro-
liferation on Nuclear Weapons.
(B) Cooperating fully with the United
States on activities to fight international ter-
rorism and narcotics trafficking.
(C) Providing for comprehensive cultural
and educational exchange between India and
the People’s Republic of China.
(D) Developing and institutionalizing a
framework for talks to end disputes between
India and the People’s Republic of China.
(E) Reinforcing actions to increase trade
relations between India and the People’s Re-
public of China.
(c) ADDITIONAL INCENTIVES.—In addition to sus-
pending sanctions under subsection (a), the President may
take the following actions with respect to India if that
country has met the requirements of subsection (b)(2):
(1) Taking actions to encourage United States
businesses to increase investment in that country as
long as economic reforms undertaken in that country
continue, including—
(A) encouraging the Export-Import Bank
of the United States to offer financing at low
interest rates to United States businesses seek-
ing to make investments in that country;
(B) providing political risk insurance
through the Overseas Private Investment Cor-
poration for United States businesses seeking to
invest in that country; and
(C) making assistance available through
the Trade and Development Agency to United
States businesses seeking to invest in that
country.
(2) Supporting financial assistance to that
country by international financial institutions.
(3) Authorizing the transfer of technology to
that country for civilian uses that will provide
United States businesses access to markets in India
to provide the necessary knowledge, processes, mate-
rials, and equipment to further economic develop-
ment in that country. Nothing in this paragraph au-
thorizes the transfer of technology that would assist
in the development of nuclear, chemical, or biological
weapons, or the transfer of missile or other military
technology that would contribute to regional insta-
bility.
SEC. 3. REMOVAL OF NATIONAL INTEREST WAIVER.
Upon the enactment of this Act, the President may
not waive or terminate any of the sanctions imposed on
the People’s Republic of China under section 902(a) of
the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 on the basis of the national interest of
the United States as set forth in section 902(b)(2) of that
Act.
SEC. 4. TERMINATION OF SANCTIONS.
(a) WITH RESPECT TO CHINA.—If the President cer-
tifies to the Congress that the People’s Republic of China
has met the requirements of section 2(a)(2) and has
achieved the goals set forth in section 2(a)(3), then the
President may terminate the sanctions imposed on that
country under section 902(a) of the Foreign Relations Au-
thorization Act, fiscal Years 1990 and 1991.
(b) WITH RESPECT TO INDIA.—If the President cer-
tifies to the Congress that India has signed the Treaty
on the Non-Proliferation on Nuclear Weapons, has met
the rquirements of section 2(b)(2), and has achieved the
goals set forth in section 2(b)(3), then the President may
terminate the sanctions imposed on that country under
section 102(b) of the Arms Export Control Act.
(c) REINSTATEMENT OF SANCTIONS.—If at any time
after sanctions are suspended or terminated under this
Act with respect to People’s Republic of China or India,
that country ceases to meet the criteria under this Act
for such suspension or termination, then the President
shall reinstate the sanctions waived or terminated, as the
case may be, with respect to that country.
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