[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3211 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3211

To authorize the President to determine the appropriate export controls 
  of satellites and related items based on the national security and 
foreign policy objectives of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2012

  Mr. Bennet introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To authorize the President to determine the appropriate export controls 
  of satellites and related items based on the national security and 
foreign policy objectives of the United States, 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 ``Safeguarding United States Satellite 
Leadership and Security Act of 2012''.

SEC. 2. AUTHORITY TO DETERMINE APPROPRIATE EXPORT CONTROLS FOR 
              SATELLITES AND RELATED ITEMS.

    Notwithstanding any other provision of law, the President is 
authorized to determine the appropriate export controls of satellites 
and related items and transfer such items based on national security 
and foreign policy objectives from the jurisdiction of the 
International Traffic in Arms Regulations (22 C.F.R. part 120 et seq.) 
to the Export Administration Regulations (15 C.F.R. part 730 et seq.), 
consistent with the procedures in section 38(f) of the Arms Export 
Control Act (22 U.S.C. 2778(f)).

SEC. 3. PROHIBITION ON TRANSFERS TO THE PEOPLE'S REPUBLIC OF CHINA.

    No satellite or related item made subject to the jurisdiction of 
the Export Administration Regulations pursuant to section 2 may be 
transferred, directly or indirectly, to the Government of the People's 
Republic of China or any entity or person in or acting for or on behalf 
of the People's Republic of China or launched in the People's Republic 
of China or as part of a launch vehicle owned, operated, or 
manufactured by the Government of the People's Republic of China.

SEC. 4. PROHIBITION ON TRANSFERS TO STATE SPONSORS OF TERRORISM AND 
              NORTH KOREA.

    No satellite or related item made subject to the jurisdiction of 
the Export Administration Regulations pursuant to section 2 may be 
transferred, directly or indirectly, to--
            (1) North Korea, Cuba, Iran, Sudan, Syria, or any country 
        that is designated by the Secretary of State as supporting 
        international terrorism under section 6 of the Export 
        Administration Act (50 U.S.C. App. 2405(j) (as continued in 
        effect pursuant to the International Emergency Economic Powers 
        Act; 50 U.S.C. 1701 et seq.)), section 40 of the Arms Export 
        Control Act (22 U.S.C. 2780), or section 620A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371);
            (2) any entity or person in or acting for or on behalf of 
        such a country; or
            (3) as part of a launch vehicle owned, operated, or 
        manufactured by the government of such a country.

SEC. 5. RULE OF CONSTRUCTION REGARDING PRESIDENTIAL WAIVER AUTHORITY.

    Nothing in this Act shall be construed as removing or limiting the 
waiver authority of the President under part 126 of the International 
Traffic in Arms Regulations (22 C.F.R. part 126), as in effect on the 
date of the enactment of this Act.

SEC. 6. RULE OF CONSTRUCTION REGARDING SPECIAL EXPORT CONTROL 
              AUTHORITIES.

    Nothing in this Act shall be construed as removing or limiting 
existing authorities of the President under section 1514 (a) and (b) of 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 22 U.S.C. 2778 note) with respect to defense 
articles that remain subject to the jurisdiction of the International 
Traffic in Arms Regulations or to otherwise take such actions as are 
necessary to implement requirements for improving national security 
controls in the export licensing of satellites, launch vehicles, and 
related items.
                                 <all>