[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.--''.

                          ____________________