[Congressional Record Volume 147, Number 113 (Tuesday, September 4, 2001)]
[Senate]
[Pages S9080-S9084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 1481. Mr. THOMPSON proposed an amendment to the bill S. 149, to
provide authority to control exports, and for other purposes; as
follows:
On page 232, strike lines 16 through 18, and insert the
following:
(1) Agreement of the applicant; complexity of analysis;
national security impact.--
(A) Agreement of the applicant.--Delays upon which the
Secretary and the applicant mutually agree.
(B) Complexity of analysis.--The reviewing department or
agency requires more time due to the complexity of the
analysis, if the additional time is not more than 60 days.
(C) National security impact.--The reviewing department or
agency requires additional time because of the potential
impact on the national security or foreign policy interests
of the United States, if the additional time is not more than
60 days.
____
SA 1482. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 218, beginning with line 4, strike all through line
7, and insert the following:
(c) Effective Date of Termination.--The termination of an
export control pursuant to this section shall take effect 30
days after the President has consulted with the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives on
the foreign policy implications of such termination. Notice
of the termination shall be published in the Federal
Register.
____
SA 1483. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 210, beginning on line 13, strike all through line
20, and insert the following:
(1) Consultation; report.--The President shall consult with
the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Committee on International Relations of the House of
Representatives, regarding any export control proposed under
this tile. The Secretary of State shall submit a report to
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing efforts to achieve or increase
multilateral cooperation on the issues or problems underlying
the proposed export control.
____
SA 1484. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 207, line 3, strike ``in consultation with'' and
insert ``with the concurrence of''.
____
SA 1485. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 188, line 1, after the period insert the following:
``The Secretary shall provide notice to Congress whenever the
country tiers are reassigned.''.
____
SA 1486. Mr. HELMS submitted an amendment intended to be proposed by
[[Page S9081]]
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 193, line 11, after ``determine'' insert ``, with
the concurrence of the Secretaries of State, Defense, and
Energy,''.
____
SA 1487. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 218, line 6, strike ``on the date'' and all that
follows through ``Register'' on line 7, and insert the
following: ``30 days after the President has consulted with
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives on the foreign policy implications of such
termination. Notice of the termination shall be published in
the Federal Register.''.
____
SA 1488. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table, as follows:
On page 188, line 3, after ``Senate'' insert ``, the
Committee on Foreign Relations of the Senate,''.
____
SA 1489. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table, as follows:
On page 210, beginning on line 13, strike all through line
20, and insert the following:
(1) Consultation; report.--The President shall consult with
the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Committee on International Relations of the House of
Representatives, regarding any export control proposed under
this title. The Secretary of State shall submit a report to
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing efforts to achieve or increase
multilateral cooperation on the issues or problems underlying
the proposed export control.
____
SA 1490. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table, as follows:
On page 210, beginning on line 13, strike all through line
20, and insert the following:
(1) Requirement.--The President shall consult with the
Committees on Foreign Relations Banking, Housing, and Urban
Affairs of the Senate, and the Committee on International
Relations of the House of Representatives regarding any
export control proposed under this title. The Secretary of
State shall report separately to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives on efforts to
achieve or increase multilateral cooperation on the issues or
problems underlying the proposed export control.
____
SA 1491. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 318, between lines 12 and 13, insert the following:
SEC. 702. CONGRESSIONAL NOTIFICATION.
(a) In General.--The President shall promptly notify the
appropriate committees of Congress whenever an actual or
alleged violation of this Act has occurred that is likely to
cause harm or damage to United States national security
interests.
(b) Exception.--The requirement in subsection (a) shall not
apply if the President determines that notification of the
appropriate committees of Congress under such paragraph would
jeopardize an ongoing criminal investigation. If the
President makes such a determination, the President shall
provide written notification of such determination to the
Speaker of the House of Representatives, the majority leader
of the Senate, the minority leader of the House of
Representatives, and the minority leader of the Senate. The
notification shall include a justification for the
determination.
(c) Identification of Persons Subject to Investigation.--
The Secretary of Commerce and the Attorney General shall
develop appropriate mechanisms to identify, for the purposes
of processing export licenses, persons who are the subject of
an investigation for a violation described in this
subsection.
(d) Protection of Classified and Other Sensitive
Information.--The appropriate committees of Congress shall
ensure that appropriate procedures are in place to protect
from unauthorized disclosure classified information,
information relating to intelligence sources and methods, and
sensitive law enforcement information that is furnished to
those committees pursuant to this section.
(e) Statutory Construction.--Nothing in this section shall
be construed to modify or supersede any other requirement to
report information on intelligence activities to Congress,
including the requirement under section 501 of the National
Security Act of 1947 (50 U.S.C. 413).
(f) Role of Committee on Foreign Relations.--Any
requirement in title II, III, or V to consult with, brief, or
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate shall also apply to the Committee on
Foreign Relations of the Senate.
(g) Definition.--In this section, the term ``appropriate
committees of Congress'' means the following:
(1) The Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Governmental Affairs, the
Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Committee on
International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
____
SA 1492. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 325, beginning with line 6, strike all through line
9, and insert the following:
(k) Relationship to the AECA.--Nothing in this Act shall be
construed to alter or affect--
(1) any provisions of the Arms Export Control Act; or
(2) any authority delegated by the President to the
Secretary of State under the Arms Export Control Act.
____
SA 1493. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 183, beginning on page 10, strike all through line
14 and insert the following:
(c) End Use and End User Controls.--Notwithstanding any
other provision of this Act, controls may be imposed, based
on the end use or end user, on the export of any item, that
could contribute to the proliferation of weapons of mass
destruction or the means to deliver them.
(d) Procedure for End Use Controls.--To facilitate the
proper exercise of the authority described in subsection (c)
and the ability of the Department of Commerce and other
agencies to conduct cumulative effects analyses, the
following procedures shall apply:
(1) Prior approval of exports and reexports.--
(A) In general.--The President shall not permit any covered
item to be exported or reexported to a covered country
without a license, if the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, or the
Secretary of State objects in writing to the export or
reexport of the covered item. Any person proposing to export
or reexport such an item (including replacement parts for any
such item) shall notify the Secretary of Commerce, who,
within 24 hours after receiving the notification, shall
transmit the notification to the Secretary of Defense, the
Secretary of Energy, and the Secretary of State.
(B) Time limit.--If the Secretary of Defense, the Secretary
of Energy, or the Secretary of State, objects to the export
or reexport of a covered item, the Secretary shall file the
objections in writing within 10 days after the notification
is received under subparagraph (A). If such a written
objection to the export or reexport of an item is filed, the
item may be exported or reexported only pursuant to a license
issued by the Secretary of Commerce under the Export
Administration Regulations of the Department of Commerce,
without regard to the licensing exceptions otherwise
authorized under section 740.7 of title 15, Code of Federal
Regulations, as in effect on June 10, 1997. If no objection
is filed within the 10-day period, the export or reexport
shall be allowed.
(2) Exception.--The notification requirements described in
paragraph (1) shall not apply to a covered item, if--
(A) the Secretary of Commerce determines that the
requirements should not apply and the Secretaries of State,
Defense, Energy, and the Treasury, and the Director of
Central Intelligence, concur; and
(B) the item has not been included on the Commerce Control
List or the National Security Control List for at least 5
years.
(3) Definitions.--In this subsection:
(A) Covered country.--
(i) In general.--The term ``covered country'' means any
country explicitly identified by the Director of Central
Intelligence as a recipient, source, or supplier of dual-use
and other technology in the most recent report required under
section 721 of the Intelligence Authorization Act for Fiscal
Year 1997 (or any successor report on the acquisition by
foreign countries of dual-use and other technology useful for
the development or production of weapons of mass
destruction). Any country that was identified in a report
required under such section 721, but is not identified in
subsequent reports, shall continue to be considered a covered
country for purposes of this title until the country is not
identified in the report for 5 consecutive years.
[[Page S9082]]
(ii) Initial countries.--On the date of enactment of this
Act, China, Russia, North Korea, Iran, Iraq, Syria, Sudan,
Libya, India, Pakistan, and Egypt shall be considered covered
countries for purposes of this title and shall continue to be
considered covered countries pursuant to clause (i).
(B) Covered item.--The term ``covered item'' means any item
that was removed from the Commerce Control List or the
National Security Control List after January 1, 1992
(including computers with a composite theoretical performance
level of more than 6,500 MTOPS), and any item listed on the
Commerce Control List or the National Security Control List.
(4) Report.--Not later than February 1 of each year, the
Director of Central Intelligence, with the assistance of the
Secretaries of State, Defense, Energy, and Commerce, shall
report to Congress on the cumulative effects and national
security implications of exporting and reexporting covered
items to covered countries.
____
SA 1494. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 209, beginning on line 1, strike all through line
9, and insert the following:
(A) there is a threat to a foreign policy interest of the
United States; and
(B) the prohibition of exports under each binding contract,
agreement, commitment, license, or authorization will be
instrumental in remedying the situation posing the threat.
____
SA 1495. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table, as follows:
On page 176, beginning on line 7, strike all through line
11, and insert the following:
(1) The Secretary determines that such license is required
to export such parts;
(2) The Secretary of State and the Secretary of Defense
determine that such service or parts should be controlled for
national security or foreign policy reasons under this Act;
or
(3) the after-market service or replacement parts would
materially enhance the capability of an item which was the
basis for the item being controlled.
____
SA 1496. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control experts, and
for other purposes; which was ordered to lie on the table; as follows:
On page 255, beginning with line 12, strike all through
page 257, line 13, and insert the following:
(1) Violations by an individual.--Any individual who
knowingly violates, conspires to violate, or attempts to
violate any provision of this Act or any regulation, license,
or order issued under this Act shall be fined up to 10 times
the value of the exports involved or $1,000,000, whichever is
greater, imprisoned for not more than 10 years, or both, for
each violation.
(2) Violations by a person other than an individual.--Any
person other than an individual who knowingly violates,
conspires to violate, or attempts to violate any provision of
this Act or any regulation, license, or order issued under
this Act shall be fined up to 10 times the value of the
exports involved or $10,000,000, whichever is greater, for
each violation.
(b) Forfeiture of Property Interest and Proceeds.--
(1) Forfeiture.--Any person who is convicted under
paragraph (1) or (2) of subsection (a) shall, in addition to
any other penalty, forfeit to the United States--
(A) any of that person's security or other interest in,
claim against, or property or contractual rights of any kind
in the tangible items that were the subject of the violation;
(B) any of that person's security or other interest in,
claim against, or property or contractual rights of any kind
in the tangible property that was used in the export or
attempt to export that was the subject of the violation; and
(C) any of that person's property constituting, or derived
from, any proceeds obtained directly or indirectly as a
result of the violation.
(2) Procedures.--The procedures in any forfeiture under
this subsection, and the duties and authority of the courts
of the United States and the Attorney General with respect to
any forfeiture action under this subsection, or with respect
to any property that may be subject to forfeiture under this
subsection, shall be governed by the provisions of chapter 46
of title 18, United States Code (relating to criminal
forfeiture), to the same extent as property subject to
forfeiture under that chapter.
(c) Civil Penalties; Administrative Sanctions.--
(1) Civil penalties.--The Secretary may impose a civil
penalty of up to $1,000,000 for each violation of a provision
of this Act or any regulation, license, or order issued under
this Act. A civil penalty under this paragraph may be in
addition to, or in lieu of, any other liability or penalty
which may be imposed for such a violation.
____
SA 1497. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table, as follows:
On page 176, beginning on line 7, strike all through line
11, and insert the following:
(1) the Secretary determines that such license is required
to export such parts;
(2) the Secretary of State and the Secretary of Defense
determine that such service or parts should be controlled for
national security or foreign policy reasons under this Act;
or
(3) the after-market service or replacement parts would
materially enhance the capability of an item which was the
basis for the item being controlled.
____
SA 1498. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 222, after line 4, insert the following:
SEC. 311. DESIGNATION OF COUNTRIES IDENTIFIED AS KEY
PROLIFERATOR STATES.
A license shall be required under this Act to export an
item to any country that has been identified by the Director
of Central Intelligence as a source or supplier of dual-use
and other technologies in the most recent report required
under section 721 of the Intelligence Authorization Act for
Fiscal Year 1997 (or any successor report regarding the
acquisition by foreign countries of dual-use and other
technologies that can be used for the development or
production of weapons of mass destruction).
____
SA 1499. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 177, line 22, strike all through page
178, line 21 and insert the following:
(b) Consultation With Persons Affected.--The Secretary
shall consult regularly with representatives of a broad
spectrum of enterprises, labor organizations,
nonproliferation and national security experts, and citizens
interested in or affected by export controls in order to
obtain their views on United States export control policy and
the foreign availability or mass-market status of controlled
items.
SEC. 104. RIGHT OF EXPORT.
No license or other authorization to export may be required
under this Act, or under regulations issued under this Act,
except to carry out the provisions of this Act.
SEC. 105. EXPORT CONTROL ADVISORY COMMITTEES.
(a) Appointment.--Upon the Secretary's own initiative or
upon the written request of representatives of a substantial
segment of any industry which produces any items subject to
export controls under this Act or being considered for such
controls, the Secretary may appoint export control advisory
committees with respect to any such items. Each such
committee shall consist of representatives of United States
industry and Government officials, including officials from
the Departments of Commerce, Defense, and State, and other
appropriate departments and agencies of the Government. The
Secretary shall permit the widest possible participation by
the business community and nonproliferation and national
security experts on the export control advisory committees.
____
SA 1500. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 235, beginning on line 13, strike all through line
25, and insert the following:
(b) Interagency Dispute Resolution Process.--
(1) Initial resolution.--The duties described in this
subsection shall rotate each year among the Secretaries of
Defense, State, and Commerce. The appropriate Secretary shall
establish, select the chairperson of, and determine
procedures for an interagency committee to review initially
all license applications described in subsection (a) with
respect to which the Department of Commerce and any of the
referral departments and agencies are not in agreement. The
chairperson shall consider the positions of all the referral
departments and agencies (which shall be included in the
minutes described in subsection (c)(2)) and make a decision
on the license application, including appropriate revisions
or conditions thereto.
____
SA 1501. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
[[Page S9083]]
Beginning on page 200, line 9, strike all through page 201,
line 13.
____
SA 1502. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 186, after line 25, insert the following:
(d) Removal From National Security Control List.--If the
Secretary of Commerce, with the concurrence of the
Secretaries of State and Defense and in consultation with the
Secretary of Energy and the Director of Central Intelligence,
determines an item no longer warrants export control, the
item shall be removed from the National Security Control
List.
(e) Comment and Review by Defense, State, and Energy.--The
Secretaries of Defense, State, and Energy may review and
identify, on a continuing basis, items which should be
considered for the national Security Control List, and
initiate action for the consideration of the items
identified.
____
SA 1503. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 214, line 23, strike ``2'' and insert ``4''.
____
SA 1504. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 203, beginning with line 6, strike all through page
204, line 6, and insert the following:
(1) Establishment of office.--The Secretary of Defense
shall establish in the Department of Defense an Office of
Technology Evaluation (in this section referred to as the
``Office''), which shall be under the direction of the
Secretary. The Office shall be responsible for gathering,
coordinating, and analyzing all the necessary information in
order for the Secretary of Defense to make determinations of
foreign availability and mass-market status under this Act.
(2) Staff.--
(A) In general.--The Secretary of Defense shall ensure that
the Office include persons to carry out the responsibilities
set forth in subsection (b) of this section that have
training, expertise, and experience in--
(i) economic analysis;
(ii) the defense industrial base;
(iii) technological developments;
(iv) nonproliferation; and
(v) national security and foreign policy export controls.
(B) Detailees.--In addition to employees of the Department
of Defense, the Secretary may accept on nonreimbursable
detail to the Office, employees of the Department of
Commerce, State, and Energy and other departments and
agencies as appropriate.
____
SA 1505. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 298, line 15, after the period, insert the
following: ``The computer system shall be fully capable of
completing, in a timely and comprehensive manner, a
cumulative effects analysis of controlled items that are
approved or not approved for export. The analysis shall
include an examination of how such items could collectively
enhance a country's military modernization or contribute to
the proliferation of weapons of mass destruction, ballistic
missiles, and advanced conventional weapons.''.
____
SA 1506. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 312, beginning on line 9, strike all through page
313, line 3, and insert the following:
(2) Availability to congress--
(A) In general.--Any information obtained at any time under
this title or under any predecessor Act regarding the control
of exports, including any report or license application
required under this title, shall be made available to any
Member, committee, or subcommittee of Congress of appropriate
jurisdiction upon the request of the chairman or ranking
minority member of such committee or subcommittee.
(B) Prohibition on further disclosure.--No committee,
subcommittee, or Member of Congress shall disclose any
information obtained under this Act or any predecessor Act
regarding the control of exports which is submitted on a
confidential basis to Congress under subparagraph (A), unless
(i) the full committee to which the information is made
available determines that the withholding of the information
is contrary to the national interest; or
(ii) the information is disclosed--
(I) to a third party that is not in commercial competition
with an entity identified in the information;
(II) for the purpose of conducting a national security
analysis, risk assessment, or cumulative effects analysis of
the items identified in the information; and
(III) a confidentiality agreement to protect all licensing
information from release is entered into by the third party.
____
SA 1507. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 201, line 20, strike ``constitutes a serious
threat'' and insert ``could constitute a threat''.
____
SA 1508. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 198, line 2, strike ``constitutes'' and insert ``could
constitute''.
____
SA 1509. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 183, line 20, strike ``would constitute a
significant threat'' and insert ``could constitute a
threat''.
____
SA 1510. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 207, beginning with line 20, strike all through
page 208, line 4.
____
SA 1511. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 219, lines 7 and 8, strike ``significant''.
____
SA 1512. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 190, between lines 14 and 15, insert the following:
(11) The extent to which a country, pursuant to its
national legislation, controls exports consistent with the
criteria and standards of relevant multilateral export
control regimes.
____
SA 1513. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 198, beginning on line 1, strike all through line
14, and insert the following:
``(i) that the absence of export controls with respect to
an item could prove detrimental to the national security of
the United States or result in a failure by the United States
to adhere to its obligations or commitments under an
international agreement or arrangement; or
``(ii) United States controls on the item have been imposed
under section 309,''.
____
SA 1514. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 207, between lines 19 and 20, insert the following:
(4) To use export controls to deter and punish illicit acts
of narcotic and psychotropic drug trafficking and production,
and to encourage countries to take immediate steps to prevent
the use of their country to aid, encourage, or give sanctuary
to those persons involved in acts of illicit narcotic or
psychotropic drug trafficking.
____
SA 1515. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 218, beginning on line 11, strike ``and except as
provided in section 304,''.
____
SA 1516. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 324, beginning on line 21, strike all through page
325, line 5.
[[Page S9084]]
____
SA 1517. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 206, between lines 12 and 13, insert the following:
SEC. 215. WAIVER.
The President may waive any restriction imposed under this
Act if the President certifies to Congress that it is in the
national security interest of the United States to do so.
____
SA 1518. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 196, between lines 20 and 21, insert the following:
(3) High performance computers.--In any case in which a
mass-market status or foreign availability status
determination is made for a high-performance computer which
otherwise would be subject to the provisions of section 1211
of the National Defense Authorization Act for Fiscal Year
1998, the Secretary's determination under this title shall
become effective only upon compliance with the procedures set
forth in section 1211(d) of the Act, as amended.
____
SA 1519. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 180, lines 11 through 13, strike ``in conjunction
with other departments and agencies participating in the
administration of this Act'' and insert ``with the
concurrence of the department or agency that originated the
information''.
____
SA 1520. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 318, line 2, strike ``and'' through ``(15)'' on
line 3, and insert the following:
``(15) a national security analysis, risk assessment, and
cumulative effects analyses of items being shipped to tier 3
and tier 4 countries, as well as all countries identified by
the Director of Central Intelligence in the most recent
report required under section 721 of the Intelligence
Authorization Act for fiscal year 1997 (or any successor
report) on the acquisition and supply by foreign countries of
dual-use items and other technology useful for the
development or production of weapons of mass destruction; and
``(16)''.
____
SA 1521. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 180, after line 23, insert the following new
subsection:
(f) Certain Appointments.--Any appointment made under
subsection (a) to an export control advisory committee
relating to an item that must be controlled pursuant to a
United States obligation under an international agreement or
arrangement shall be made only with the concurrence of the
Secretary of State and the Secretary of Defense.
____
SA 1522. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 318, strike ``and'' on line 2 and all that follows
through line 7, and insert the following:
(15) any other reports required by this Act to be submitted
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on International Relations of
the House of Representatives; and
(16) upon request, all Department of Commerce information
shall be provided to all participants in the interagency
process.
____
SA 1523. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 206, after line 12, insert the following:
(e) Membership.--The Office shall be equally represented by
employees of the Departments of State, Commerce, Defense, and
Energy.
(f) Deputy Administrators.--The Deputy Administrator of the
Office shall rotate on an annual basis between an employee of
the Department of State and an employee of the Department of
Defense.
____
SA 1524. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 189, line 19, strike all beginning with ``if a NATO
or'' through ``1986,'' on line 22.
____
SA 1525. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 186, strike lines 8 through 15, and insert the
following:
(C) The controllability of the item and the effectiveness
of controls for national security purposes of the United
States.
(D) The threat to the national security interests of the
United States if the item is not controlled.
(E) Any other appropriate risk factors.
____
SA 1526. Mr. HELMS submitted an amendment intended to be proposed by
him to the bill S. 149, to provide authority to control exports, and
for other purposes; which was ordered to lie on the table; as follows:
On page 235, line 4, strike: ``(2) Other inquiries.--'' and
insert:
``(2) Improper classifications.--If the Secretary of
Defense or the Secretary of State determines that the
Secretary of Commerce has issued an improper classification,
such a classification shall be deemed null and void and the
Secretary of Commerce shall notify the exporter of this
result.
``(3) Other inquiries.--''.
____________________