Text: H.R.2426 — 101st Congress (1989-1990)All Information (Except Text)

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HR 2426 IH
101st CONGRESS
1st Session
 H. R. 2426
To promote the nonproliferation of chemical, biological, and toxin weapons.
IN THE HOUSE OF REPRESENTATIVES
May 18, 1989
Mr. PORTER (for himself, Mr. SKELTON, Mr. RIDGE, Mr. SPRATT, Mr. MCHUGH,
Mr. BOSCO, Mr. MOAKLEY, Mr. DYMALLY, Mr. HERTEL, Mr. GILMAN, Mrs. MARTIN
of Illinois, Mr. WOLF, Mr. CARDIN, Mr. COOPER, Ms. PELOSI, Mr. MCMILLEN
of Maryland, Mr. MCCURDY, Mr. ROE, Mr. ATKINS, Mr. CONTE, Mr. BUSTAMANTE,
Mr. SCHEUER, Mr. DORGAN of North Dakota, Mr. AUCOIN, Mr. JONTZ, Mr. MCDERMOTT,
Mr. CONYERS, Mr. VOLKMER, Mrs. LOWEY of New York, Mr. KASTENMEIER, Mr. PENNY,
Mr. SABO, Mr. FAUNTROY, Mr. NEAL of Massachusetts, Mr. WALSH, Mr. BONIOR,
Mr. APPLEGATE, Mr. LANCASTER, Mr. WAXMAN, Mr. LEVINE of California,
Mr. MAVROULES, Mr. DICKS, Mr. MRAZEK, Mr. FOGLIETTA, Mr. DEFAZIO, Mr. FRANK,
Mrs. MORELLA, Mr. BATES, Mr. DERRICK, Mr. MORRISON of Connecticut, Mrs. BOXER,
Mr. HENRY, Mr. BEREUTER, Mr. KOSTMAYER, Mr. ENGLISH, Mr. ECKART, Mr. LIPINSKI,
Mrs. UNSOELD, Mr. EVANS, Mr. GLICKMAN, Mr. FAWELL, Mrs. ROUKEMA, Mr. OWENS of
New York, Mr. SKEEN, Mr. GREEN, Mr. CLINGER, Mr. HAYES of Illinois, Mr. STARK,
Mr. UDALL, Mr. KILDEE, Mr. PARRIS, Mr. OBERSTAR, Mr. WEBER, Mr. BROWN of
California, Mr. DREIER of California, Mr. SMITH of Florida, Mr. TOWNS,
Mr. WEISS, Mr. HORTON, Mr. GARCIA, Mr. LEVIN of Michigan, Mr. CHANDLER,
and Mr. MFUME) introduced the following bill; which was referred to the
Committee on Foreign Affairs
A BILL
To promote the nonproliferation of chemical, biological, and toxin weapons.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Chemical and Biological Weapons
  Nonproliferation Act'.
SEC. 2. FINDING AND POLICY.
  (a) FINDING- The Congress finds and declares that the spread of chemical
  and biological weapons and the capability to manufacture or otherwise
  acquire such weapons pose a grave threat to the security interest of the
  United States and to continued international progress toward peace and
  development. Therefore efforts should be undertaken to stop proliferation
  of chemical and biological weapons in an attempt to contribute to a complete
  ban of these weapons.
  (b) POLICY- It is the policy of the United States to--
  (1) obtain international agreement to abolish chemical and biological
  weapons and prohibit their manufacture, possession, or use in the spirit
  of the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972;
  (2) assure that exports from the United States of materials, equipment, or
  technology having significance for production of chemicals are consistent
  with efforts to prevent proliferation of chemical and biological weapons;
  (3) obtain assurances that exports from the United States of materials,
  equipment, or technology having direct significance for the production of
  chemical and biological weapons are used for peaceful purposes;
  (4) cooperate with other nations to prevent the spread of materials,
  equipment, and technology with properties useful for the production of
  chemical and biological weapons;
  (5) assure that the policy of the United States regarding all military
  aid and education and security assistance is consistent with this policy;
  (6) examine allegations that other countries are developing and proliferating
  chemical or biological weapons or materials, equipment, and technology
  for the production thereof;
  (7) protect the health and safety of the public against threats from
  chemical and biological weapons due to accident, terrorism, of war; and
  (8) coordinate the policies, programs, and other activities of all
  departments and agencies of the United States Government to implement this
  policy fully.
SEC. 3. CONTROL OF EXPORTS.
  (a) IN GENERAL- The Secretary of Commerce shall issue such regulations,
  licenses, and orders as may be required to control the export of materials,
  equipment, and technology having significance for the manufacture or use
  of chemical and biological weapons.
  (b) Violations and Enforcement-
  (1) Any person who violates any regulation, license, or order issued under
  subsection (a) shall be subject to the penalties provided in section 11
  of the Export Administration Act of 1979 for violations under that Act.
  (2) The Secretary of Commerce may use the authorities contained in the
  Export Administration Act of 1979 in order to ensure compliance with the
  regulations, licenses, or orders issued under subsection (a).
  (c) CONSULTATION WITH OTHER AGENCIES- Regulations, licenses, and orders may
  be issued under subsection (a) only after consultation with the Secretary of
  State, the Secretary of Defense, the Secretary of Health and Human Services,
  and the Director of the Arms Control and Disarmament Agency.
  (d) DEADLINE FOR ISSUANCE OF REGULATIONS- Regulations shall be issued
  under subsection (a) not later than ninety days after the completion of
  the proliferation-risk assessment required by section 4.
SEC. 4. PROLIFERATION-RISK ASSESSMENT.
  (a) IN GENERAL- The Secretary of State shall assess the risk of the
  proliferation of chemical and biological weapons. The assessment shall
  give particular attention to the technology of chemical and biological
  weapons and to the materials, equipment, and technology that have direct
  significance for the production and use of chemical and biological weapons.
  (b) PARTICULAR MATTERS TO BE CONSIDERED- The assessment shall consider
  the following:
  (1) Existing technologies for the production of chemical and biological
  weapons.
  (2) Actual and potential suppliers of materials, equipment, and technology
  having significance for the production of chemical weapons.
  (3) The effectiveness of present United States regulatory and other authority
  for control of exports of such materials, equipment, and technology.
  (4) The projected effect of export controls on industry in the United
  States, considering the likelihood of obtaining the cooperation of foreign
  governments limiting exports of materials, equipment, and technology with
  properties useful for the production of chemical and biological weapons.
  (5) Any recommendation for legislation required to implement fully the
  policy of this Act.
  (6) Any other matter the President determines to be relevant in carrying
  out the policy of this Act.
  (c) CONSULTATION WITH OTHER AGENCIES- The assessment shall be carried out
  in consultation with the Secretary of Defense, the Secretary of Commerce,
  the Secretary of Health and Human Services, and the Director of the Arms
  Control and Disarmament Agency.
  (d) REPORT TO CONGRESS- Not later than six months after the date of the
  enactment of this Act, the Secretary of State shall transmit to Congress
  a report setting forth the results of the assessment under this section.
SEC. 5. ANNUAL REPORT ON PROLIFERATION.
  (a) IN GENERAL- The Secretary of State shall transmit to Congress a biannual
  report describing the status of--
  (1) control of the proliferation of chemical and biological weapons;
  (2) efforts to prevent the spread of such weapons; and
  (3) programs to control the export of materials, equipment, and technology
  having direct significance for the production of chemical and biological
  weapons.
  (b) RECOMMENDATIONS- Each such report shall include any recommendation
  that the Secretary considers appropriate regarding additional authority
  needed to carry out the policy of this Act.
  (c) TIME FOR FIRST REPORT- The first such report shall be submitted two
  years after the date of the enactment of this Act.
SEC. 6. CHEMICAL INDUSTRY ADVISORY GROUP.
  The Secretary of State shall establish a Chemical Industry Advisory Group
  to provide advice to the Secretary with respect to sections 4 and 5. Members
  of the Group shall be appointed from business firms in the chemical industry.
SEC. 7. CONSULTATION WITH CONGRESS.
  The Secretary of State shall keep the appropriate committees of Congress
  fully and currently informed of all developments of significance to the
  proliferation and control of chemical and biological weapons.