H.R. 4417 (106th): Satellite Exports With Security Act of 2000

106th Congress, 1999–2000. Text as of May 10, 2000 (Introduced).

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HR 4417 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.