II 112th CONGRESS 2d Session S. 3211 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.

1.

Short title

This Act may be cited as the Safeguarding United States Satellite Leadership and Security Act of 2012 .

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)).

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.

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.

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.

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.