[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1372

  To require the filing of Shippers' Export Declarations through the 
Automated Export System of the Department of the Treasury with respect 
    to certain transactions of proliferation concern, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 1999

    Mr. Specter (for himself, Mr. Helms, Mr. Biden, Mr. Dorgan, Mr. 
  Schumer, and Mr. Sessions) introduced the following bill; which was 
    read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the filing of Shippers' Export Declarations through the 
Automated Export System of the Department of the Treasury with respect 
    to certain transactions of proliferation concern, 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 ``Proliferation Prevention Enhancement 
Act of 1999''.

SEC. 2. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING CERTAIN 
              SHIPPERS' EXPORT DECLARATIONS.

    (a) Authority.--Section 301 of title 13, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) The Secretary is authorized to require the filing of 
Shippers' Export Declarations under this chapter through an automated 
and electronic system for the filing of export information established 
by the Department of the Treasury.''.
    (b) Implementing Regulations.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Secretary of Commerce and the Secretary 
        of State, shall publish regulations in the Federal Register to 
        require that, upon the effective date of those regulations, 
        exporters (or their agents) who are required to file Shippers' 
        Export Declarations under chapter 9 of title 13, United States 
        Code, file such Declarations through the Automated Export 
        System with respect to exports of items on the United States 
        Munitions List or the Commerce Control List.
            (2) Elements of the regulations.--The regulations referred 
        to in paragraph (1) shall include at a minimum--
                    (A) provision for the establishment of online 
                assistance services to be available for those 
                individuals who must use the Automated Export System;
                    (B) provision for ensuring that an individual who 
                is required to use the Automated Export System is able 
                to print out from the System a validated record of the 
                individual's submission, including the date of the 
                submission and a serial number or other unique 
                identifier for the export transaction; and
                    (C) a requirement that the Department of Commerce 
                print out and maintain on file a paper copy or other 
                acceptable back-up record of the individual's 
                submission at a location selected by the Secretary of 
                Commerce.
    (c) Effective Date.--The amendment made by subsection (a) and the 
regulations described in subsection (b) shall take effect 180 days 
after the Secretary of Commerce, the Secretary of the Treasury, and the 
Director of the National Institute of Standards and Technology jointly 
certify, by publishing in the Federal Register a notice, that a secure, 
Internet-based Automated Export System that is capable of handling the 
expected volume of information required to be filed under subsection 
(b), plus the anticipated volume from voluntary use of the Automated 
Export System, has been successfully implemented and tested.

SEC. 3. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

    It is the sense of Congress that exporters (or their agents) who 
are required to file Shippers' Export Declarations under chapter 9 of 
title 13, United States Code, but who are not required under section 
2(b) to file such Declarations using the Automated Export System, 
should do so.

SEC. 4. REPORT TO CONGRESS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Commerce, in coordination with the Secretary of State, 
the Secretary of Defense, the Secretary of the Treasury, the Secretary 
of Energy, and the Director of Central Intelligence, shall submit a 
report to Congress setting forth--
            (1) the advisability and feasibility of mandating 
        electronic filing through the Automated Export System for all 
        Shippers' Export Declarations;
            (2) the manner in which data gathered through the Automated 
        Export System can most effectively be used by other automated 
        licensing systems administered by Federal agencies, including--
                    (A) the Defense Trade Application System of the 
                Department of State;
                    (B) the Export Control Automated Support System of 
                the Department of Commerce;
                    (C) the Foreign Disclosure and Technology 
                Information System of the Department of Defense;
                    (D) the Proliferation Information Network System of 
                the Department of Energy;
                    (E) the Enforcement Communication System of the 
                Department of the Treasury; and
                    (F) the Export Control System of the Central 
                Intelligence Agency; and
            (3) a proposed timetable for any expansion of information 
        required to be filed through the Automated Export System.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Automated export system.--The term ``Automated Export 
        System'' means the automated and electronic system for filing 
        export information established under chapter 9 of title 13, 
        United States Code, on June 19, 1995 (60 Federal Register 
        32040).
            (2) Commerce control list.--The term ``Commerce Control 
        List'' has the meaning given the term in section 774.1 of title 
        15, Code of Federal Regulations.
            (3) Shippers' export declaration.--The term ``Shippers' 
        Export Declaration'' means the export information filed under 
        chapter 9 of title 13, United States Code, as described in part 
        30 of title 15, Code of Federal Regulations.
            (4) United states munitions list.--The term ``United States 
        Munitions List'' means the list of items controlled under 
        section 38 of the Arms Export Control Act (22 U.S.C. 2778).
                                 <all>