[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1617 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1617

To amend the Export Administration Act of 1979 with respect to exports 
    of computers, telecommunications equipment, and semiconductors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             November 3 (legislative day, November 2), 1993

   Mr. Gregg introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Export Administration Act of 1979 with respect to exports 
    of computers, telecommunications equipment, and semiconductors.

    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 ``High Technology Export Reform Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) increased communications and exchange of information 
        through computer and telecommunications networks promotes the 
        development of democratic political institutions, free market 
        reforms, and economic modernization;
            (2) computers, telecommunications, semiconductors, and 
        related equipment, software, and technology account for more 
        than 85 percent of the value of exports controlled by the 
        United States Department of Commerce under the Export 
        Administration Act of 1979;
            (3) the computer, telecommunications, and semiconductor 
        industries account for $55,000,000,000 in exports and 12.3 
        percent of all of the export trade of the United States, 
        representing more than 850,000 jobs in the United States;
            (4) the rapid pace of technological development and the 
        dramatic reductions in product innovation cycles for these 
        products have rendered any system for controlling their export 
        meaningless; and
            (5) the availability of advanced computer, 
        telecommunications, and semiconductor products from sources of 
        supply other than the United States and members of the 
        Coordinating Committee for Multilateral Export Countries 
        (hereafter in this Act referred to as the ``COCOM'') exists, 
        and the perpetuation of export controls on these products 
        disadvantages United States exporters to the detriment of the 
        domestic economy, United States innovation, and employment of 
        American workers in these 3 industries and in those United 
        States industries which are the suppliers and customers of such 
        industries.

SEC. 3. REMOVAL OF EXPORT CONTROLS ON COMPUTERS AND ELECTRONIC 
              EQUIPMENT.

    Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 
2403) is amended by adding at the end the following new subsection:
    ``(h) License Authority for Computers, Telecommunications 
Equipment, and Semiconductors.--
            ``(1) In general.--
                    ``(A) License exemption.--No validated license or 
                reexport authorization may be required for the export 
                or reexport (as the case may be), for consumption or 
                use in any country other than a targeted country, of 
                any product or related software or technology that is 
                or would be classified under the following entries of 
                the control list as in effect on July 1, 1993, except 
                for any such product or related software or technology 
                to which missile technology controls apply under the 
                control list:
                            ``(i) Computers and related equipment under 
                        Category 4, code letter A.
                            ``(ii) Telecommunications and related 
                        equipment under Category 5, Part I.
                            ``(iii) Semiconductors, as follows:
                                    ``(I) Items 3A01A.a, 3A02A.h, 
                                3A92F, and all integrated circuits or 
                                their microelectronic devices 
                                classified under 3A96G.
                                    ``(II) Items 3D01A related to 
                                3A01A.a and 3A02A.h, 3D03A, 3D94F, and 
                                3D96G related to integrated circuits or 
                                other microelectronic devices 
                                classified under 3A96G.
                                    ``(III) Items 3E01A related to 
                                3A01A.a and 3A02A.h, 3E02A, 3E94F 
                                related to 3A92F, and 3E96G related to 
                                integrated circuits or other 
                                microelectronic devices classified 
                                under 3A96G.
                    ``(B) No proposals for certain list transfers.--The 
                United States shall not propose (or ask any other 
                government to propose) to the COCOM the transfer of any 
                item subject to subparagraph (A) from the Industrial 
                List of the COCOM to the International Munitions List 
                of the COCOM.
                    ``(C) No agreements to certain list transfers.--The 
                United States shall not agree to any proposal to 
                transfer any item subject to subparagraph (A) from the 
                Industrial List of the COCOM to the International 
                Munitions List of the COCOM.
            ``(2) Other authorities.--No control on the export or 
        reexport of any good or technology for which no license or 
        authorization may be required under paragraph (1)(A) may be 
        imposed, directly or indirectly, under the International 
        Emergency Economic Powers Act, the Trading with the Enemy Act, 
        or other provision of law, other than in connection with a 
        prohibition on all or substantially all exports to a specific 
        country, government, entity, or person.
            ``(3) Exceptions.--Nothing in this subsection shall 
        prohibit the Secretary from requiring a validated license for 
        exports to--
                    ``(A) a country against which the United States 
                maintains an embargo of all or substantially all 
                exports; or
                    ``(B) a party lawfully denied export privileges 
                under this Act.
            ``(4) Definition.--For purposes of this subsection, the 
        term `targeted country' means any country--
                    ``(A) the government of which the Secretary of 
                State has determined, under section 6(j), to be a 
                government that has repeatedly provided support for 
                acts of international terrorism; or
                    ``(B) which is subject to an embargo--
                            ``(i) which has been imposed by the United 
                        Nations on all or substantially all exports to 
                        that country; and
                            ``(ii) in which the United States is 
                        participating.
            ``(5) Relationship to other provisions of this act.--The 
        provisions of this subsection shall apply notwithstanding any 
        other provision of this Act.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--The amendment made by section 3 shall become 
effective 6 months after the date of enactment of this Act.
    (b) Interim Negotiations.--Upon the enactment of this Act, the 
President shall undertake negotiations with the COCOM and other 
relevant multilateral export control regimes for the purpose of 
attaining agreement among the members of the COCOM and such other 
regimes to apply export controls consistent with the amendment made by 
section 3. Whether such agreement is attained shall not affect the 
effective date set forth in subsection (a).

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