Summary: H.R.5550 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.5550. Bill summaries are authored by CRS.

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Introduced in House (10/20/1988)

Anti-Terrorism and National Security Amendments Act of 1988 - Title I: Antiterrorism and Arms Export Amendments Amendments Act of 1988 - Amends the Arms Export Control Act to prohibit the Government or U.S. persons from exporting or providing munitions items to, or facilitating (through loans, credits, guarantees, or other financial assistance) the acquisition of munitions by, any country, or any individual or group in a country, which, as determined by the Secretary of State, has repeatedly provided support for acts of international terrorism. Permits the rescission of a determination of the Secretary only after the President makes specified certifications concerning the country involved to the Congress.

Authorizes the President to waive such prohibition with respect to transactions determined to be vital to national security after consulting with, and reporting to, the Congress. Exempts from such prohibition transactions subject to reporting requirements of the National Security Act of 1947. Authorizes additional waivers pursuant to authority under the Foreign Assistance Act of 1961 in exceptional circumstances where time is of the essence and the President consults with and submits a report to the Congress at least 24 hours prior to granting such a waiver. Sets forth criminal and civil penalties for violations of this Act.

Requires the Director of the U.S. Arms Control and Disarmament Agency, in making decisions concerning the issuance of export licenses, to consider whether the export of an article will support international terrorism. Requires the Director's evaluation of an arms sale submitted to the Congress to include an evaluation of whether the sale would support international terrorism.

Amends the Export Administration Act of 1979 to provide that a validated license shall be required for the export of goods or technology to a country if the Secretary determines that: (1) such country has repeatedly provided support for acts of international terrorism; and (2) such exports could contribute to the military potential of such country or would enhance the ability of such country to support acts of international terrorism. Removes the $1,000,000 threshold for notification to the Congress of the issuance of an export license. Revises the President's authority to rescind the Secretary's determination.

Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines has repeatedly provided support for acts of international terrorism. Authorizes the President to: (1) rescind such a determination only after making specified certifications concerning the country involved to the Congress; and (2) waive such prohibition for national security interests or humanitarian reasons only after consulting with, and reporting to, the Congress.

Requires the President, in order to rescind a determination by the Secretary that a country supports international terrorism, to certify to the Congress that: (1) there has been a fundamental change in the leadership and policies of the government concerned and such government is not supporting acts of international terrorism and has provided assurances not to do so in the future; or (2) the government concerned has not provided any support for international terrorism during the preceding six-month period and has provided assurances that it will not support acts of international terrorism in the future.

Amends the Arms Export Control Act to specify that any presidential designation to place a defense item on the munitions list shall be final and conclusive and shall not be subject to judicial review.

Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of: (1) all consents granted to third-party transfers of defense articles or defense services exceeding $1,000,000 in value; or (2) munitions items exceeding $250,000 in value transferred by the Department of Defense to other agencies of the U.S. Government, excluding items transferred for use within the United States or for intelligence activities subject to other reporting requirements under the National Security Act of 1947.

Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House.

Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.)

Specifies that the use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of this Act.

Title II: Sanctions Against Iraq - Sanctions Against Iraqi Chemical Weapons Use Act - Sets forth congressional findings concerning Iraq's use of chemical weapons and the treatment of the Kurdish people in Iraq.

Prohibits: (1) the sale to Iraq of any item on the U.S. Munitions List; (2) the issuance of any license for the export to Iraq of any item on the U.S. Munitions List; (3) the export to Iraq of any goods or technology on the Export Administration Act control list; (4) the issuance of licenses for the export to Iraq of any chemical that the President determines may be used primarily in the production of chemical weapons or devoted to chemical warfare purposes; and (5) U.S. approval of any loan or financial or technical assistance to Iraq by international financial institutions.

Requires the President to impose additional sanctions against Iraq, unless he certifies to the Congress that: (1) Iraq is not using chemical weapons in violation of international law; (2) Iraq has provided reliable assurances that it will not not use chemical weapons in the future; and (3) Iraq is willing to allow on-site inspections by the United Nations or other impartial observers or other reliable means exist to ensure that Iraq is not using chemical weapons.

Authorizes the following additional sanctions: (1) denying credits or credit guarantees through the Export-Import Bank of the United States to Iraq; (2) prohibiting or restricting the importation of one or more kinds of articles (which may include petroleum or any petroleum product) from Iraq; (3) prohibiting or restricting the export to Iraq of goods and technology (excluding agricultural commodities and products); and (4) downgrading or suspending diplomatic relations with Iraq. Applies contract sanctity for contracts entered into before September 18, 1988. Provides that in imposing any additional sanctions the President may not prohibit or curtail the execution of any contract or agreement entered into before the earlier of the date on which the notice of intent to impose the additional sanction is printed in the Federal Register or the date on which the President notifies the Congress of such intent. Requires the President to report to the Congress periodically on any such actions taken.

Allows the President to lift any sanctions imposed pursuant to this Act if the President determines and certifies to the Congress that Iraq: (1) is not using chemical weapons; (2) has provided reliable assurances that it will not use chemical weapons in the future; and (3) is willing to allow on-site inspections by the United Nations or other impartial observers, or other means exist to ensure that Iraq is not using chemical weapons.

Requires the President to submit to the Congress an assessment of whether the Government of Iraq is respecting internationally recognized human rights, in particular the rights of the Kurdish minority in Iraq. Specifies information to be contained in such assessment.

Urges Turkey to cooperate with any United Nations or other appropriate investigation of Iraqi use of chemical weapons. Commends Turkey for its humanitarian decision to accept Kurdish refugees.

Calls upon the President to: (1) bring before the United Nations the matter of Iraq's use of poison gas against its own nationals; and (2) demand that appropriate and effective measures be taken against Iraq for its repeated use of chemical weapons.

Calls upon the President to: (1) seek multinational cooperation in: (1) imposing sanctions and otherwise bringing pressure on Iraq in order to obtain a cessation of Iraq's use of chemical weapons; and (2) obtaining Iraqi respect for the internationally recognized human rights of the Kurdish minority in Iraq.

Expresses the sense of the Congress that the United States should cooperate with and participate in multilateral efforts to assist Kurdish refugess who are in need of medical treatment and other humanitarian aid.

States that it is the policy of the United States to prohibit the export of goods and technology to Iraq that would significantly contribute to its military potential. Urges the President to review anny proposed export to Iraq of goods or technology valued at over $50,000,000.

Terminates the provisions of, and the sanctions imposed under, this Act as of June 30, 1991.

Title III Authority To Transfer Certain Naval Vessels - Authorizes the Secretary of the Navy to lease a specified naval repair ship to the Government of Pakistan and to transfer a specified medium yard tug and a floating dry dock to the Republic of the Philippines.

Title IV: United States Information Agency - United States Information Agency Amendments Act of 1988 - Amends the United States Information and Educational Exchange Act of 1948 to authorize the release in the United States of U.S. Information Agency (USIA) motion pictures, films, and other materials prepared for dissemination abroad. Allows such materials to be released 12 years after the initial dissemination of such material outside the United States or, in the case of material not disseminated abroad, 12 years after the preparation of such material. Specifies that the Archivist of the United States shall be the official custodian of any such materials.

Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to earmark a specified amount of authorized funds for the purpose of conducting market surveys in non-European countries of USIA's Worldnet programming. Requires the Director of USIA to report to the Congress concerning such market surveys. Prohibits the use of funds for USIA-TV passive (noninteractive) programming unless specified conditions concerning program content are met.

Title V: Miscellaneous Provisions - Urges the Government of New Zealand to: (1) reconsider its decision and law denying port access to certain U.S. ships; and (2) resume its obligations under the ANZUS Treaty.

Amends the Foreign Assistance Act of 1961 and the Arms Export Control Act to suspend certain security assistance and arms export preferences for New Zealand unless the President determines, and reports to the Congress, that New Zealand is complying fully with its obligations under the ANZUS Treaty.

Makes certain technical amendments to provisions of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 concerning the deportation or exclusion of aliens. Provides that the amendments to such Act made by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 shall not require the deportation or exclusion of aliens admitted for permanent resident status before the date of enactment of such amendments.

Grants approval to certain agreements to amend the Compact of Free Association between the United States and the Republic of the Marshall Islands and the Federated States of Micronesia regarding the extension of diplomatic status to the representatives of such states. Specifies that a similar agreement between the United States and the Government of the Republic of Palau shall take effect upon submission to Congress of such agreement.