Prescribes a procedure for approval or disapproval by the Secretary of Defense, the Secretary of Commerce, and the President of any export of satellites and related items intended for launch from a launch vehicle in or owned by the People's Republic of China.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4417 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4417
To provide that the Secretary of Commerce have control over exports of
satellites and related items, to provide certain procedures for exports
of satellites and related items to the People's Republic of China, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2000
Mr. Gejdenson (for himself, Mr. Goodlatte, Mr. Menendez, Mr. Manzullo,
Mr. Berman, Mr. Ackerman, and Mr. Wexler) introduced the following
bill; which was referred to the Committee on International Relations,
and in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide that the Secretary of Commerce have control over exports of
satellites and related items, to provide certain procedures for exports
of satellites and related items to the People's Republic of China, and
for other purposes.
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 ``Satellite Exports With Security Act
of 2000''.
SEC. 2. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS.
(a) Control of Satellites and Related Items.--Notwithstanding any
other provision of law, all satellites and related items that were on
the Commerce Control List of dual-use items in the Export
Administration Regulations (15 CFR part 730 et seq.) on October 16,
1998, and any other dual-use communications satellites and related
items shall be controlled under the Export Administration Act of 1979,
as continued in effect under the International Emergency Economic
Powers Act.
(b) Procedures for Exports to the People's Republic of China.--The
export of satellites and related items intended for launch from a
launch vehicle in or owned by the People's Republic of China shall be
subject to the following:
(1) Except in the case of an export under paragraph (3), if
the Secretary of Commerce decides to approve any proposed
export of satellites and related items intended for launch from
a launch vehicle in or owned by the People's Republic of China,
the Secretary shall refer the proposed export to the Secretary
of Defense, who shall, not later than 20 days after the
referral, notify the Secretary of Commerce of the approval or
disapproval by the Secretary of Defense of the proposed export.
If the Secretary of Commerce and the Secretary of Defense
disagree over approving or disapproving the proposed export,
either Secretary may refer the matter to the President for
resolution. If the Secretary of Defense fails to notify the
Secretary of Commerce with respect to the proposed export
within that 20-day period, the Secretary of Commerce shall take
action on the proposed export without the decision of the
Secretary of Defense.
(2) If a proposed export is referred to the President under
paragraph (1), the President shall, within 20 days after the
referral, determine whether to approve or disapprove the
proposed export and notify the Secretary of Commerce of the
President's determination. The Secretary shall approve or
disapprove the proposed export in accordance with the
President's determination.
(3) In the case of the proposed export of any satellite or
related items otherwise subject to paragraph (1) that contain
the identical technology to that approved under this subsection
in a prior export to the same end user for the same end use,
the satellite or related items may be exported if the exporter
notifies the Secretary of Commerce of the export at least 15
days before the export, and if the export is not disapproved
within that 15-day period.
(c) Related Items Defined.--In this section, the term ``related
items'' means the satellite fuel, ground support equipment, test
equipment, payload adapter or interface hardware, replacement parts,
and nonembedded solid propellant orbit transfer engines described in
the report submitted to Congress by the Department of State on February
6, 1998, pursuant to section 38(f) of the Arms Export Control Act (22
U.S.C. 2778(f)).
(d) Conforming Amendments.--
(1)(A) Section 1513(a) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778
note) is repealed.
(B) Section 1513(c) of that Act is amended by striking
``(1) Subsection (a)'' and all that follows through ``(2)''.
(2)(A) Section 1404 of the National Defense Authorization
Act for Fiscal Year 2000 (22 U.S.C. 2778 note) is amended in
the matter preceding paragraph (1) by striking ``Secretary of
State'' and inserting ``Secretary of Commerce''.
(B) Section 1410 of that Act, and the item relating to that
section in the table of contents of that Act, are repealed.
(C) Section 1411(a) of that Act is amended by striking
``Secretary of State and Secretary of Defense, as
appropriate,'' and inserting ``Secretary of Defense''.
(3)(A) Section 1309 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (as enacted by Public Law 106-113; 113 Stat. 1501A-
460) is amended--
(i) by amending the section heading to read as
follows:
``SEC. 1309. OFFICE OF DEFENSE TRADE CONTROLS.'';
(ii) by striking subsections (a) and (c); and
(iii) in subsection (b), by striking ``(b)
Financial and Personnel Resources.--''.
(B) The table of contents of that Act is amended by
striking the item relating to section 1309 and inserting the
following:
``Sec. 1309. Office of Defense Trade Controls.''.
SEC. 3. MONITORING OF LAUNCHES.
Section 1514(a)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) is
amended--
(1) in the first sentence of subparagraph (A)--
(A) by striking ``a foreign country'' and inserting
``the People's Republic, and in the event of the
failure of a launch from a foreign country''; and
(B) by inserting ``or failure (as the case may
be)'' after ``all aspects of the launch''; and
(2) in subparagraph (B), in the matter preceding clause
(i), by inserting ``of a launch'' after ``monitoring''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act, and shall apply
to any export license application made under the Arms Export Control
Act before such date of enactment which is pending on such date, and to
any export license application made on or after such date.
(b) Transfer of Pending Applications.--Any export license
application made under the Arms Export Control Act before the date of
the enactment of this Act, to which section 1(a) applies and which is
pending on such date of enactment, shall be transferred to the
Department of Commerce upon the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Executive Comment Requested from DOD.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line