[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 335 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 335
To require the Secretary of Commerce to ensure that ZTE Corporation
complies with all probationary conditions set forth in the settlement
agreement entered into between ZTE Corporation and the Bureau of
Industry and Security of the Department of Commerce.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2019
Mr. Rubio (for himself, Mr. Van Hollen, Ms. Collins, Mr. Warner, Mr.
Moran, Ms. Warren, and Mr. Jones) introduced the following bill; which
was read twice and referred to the Committee on Banking, Housing, and
Urban Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to ensure that ZTE Corporation
complies with all probationary conditions set forth in the settlement
agreement entered into between ZTE Corporation and the Bureau of
Industry and Security of the Department of Commerce.
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 ``ZTE Enforcement Review and Oversight
Act''.
SEC. 2. COMPLIANCE BY ZTE CORPORATION WITH PROBATIONARY CONDITIONS OF
SETTLEMENT AGREEMENT WITH BUREAU OF INDUSTRY AND SECURITY
OF DEPARTMENT OF COMMERCE.
(a) Compliance With Settlement Conditions.--The Secretary of
Commerce shall ensure that ZTE Corporation complies with all conditions
set forth in paragraph 3 of the settlement agreement that are required
of ZTE Corporation during the 10-year probationary period specified in
that paragraph.
(b) Report on Compliance.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than every
90 days thereafter, the Secretary of Commerce shall submit to
Congress a report on the compliance of ZTE Corporation with the
conditions described in subsection (a).
(2) Certification of compliance.--Each report submitted
under paragraph (1) shall include a certification of whether
ZTE Corporation is in full compliance with--
(A) the conditions described in subsection (a); and
(B) all sanctions and export control laws of the
United States and all licenses and orders issued by the
Government of the United States.
(c) Transmittal of Audits.--The Secretary of Commerce shall
transmit to the appropriate congressional committees all audits
completed by ZTE Corporation pursuant to paragraph 3.c of the
settlement agreement that are provided to the Secretary.
(d) Penalties.--If the Secretary of Commerce determines that ZTE
Corporation is not in full compliance with the conditions described in
subsection (a), the Secretary shall--
(1) waive the suspension period described in paragraph 3.h
of the settlement agreement for the denial order described in
paragraph 3.g of the settlement agreement; and
(2) require the immediate payment by ZTE Corporation to the
Department of Commerce of the $400,000,000 held in escrow
pursuant to paragraph 3.a of the settlement agreement.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Commerce, Science, and Transportation, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Appropriations, the Committee
on Financial Services, the Committee on Energy and
Commerce, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Settlement agreement.--The term ``settlement
agreement'' means the Superseding Settlement Agreement dated
June 7, 2018, between Zhongxing Telecommunications Equipment
Corporation, ZTE Kangxun Telecommunications Ltd., and the
Bureau of Industry and Security of the Department of Commerce.
(3) ZTE corporation.--The term ``ZTE Corporation'' means
the Zhongxing Telecommunications Equipment Corporation and any
subsidiary of that corporation.
<all>