[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.
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