[Congressional Record Volume 151, Number 94 (Wednesday, July 13, 2005)]
[House]
[Pages H5760-H5764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
.
EAST ASIA SECURITY ACT OF 2005
Mr. HYDE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3100) to authorize measures to deter arms transfers by foreign
countries to the People's Republic of China.
The Clerk read as follows:
H.R. 3100
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 ``East Asia Security Act of
2005''.
SEC. 2. STATEMENTS OF POLICY.
Congress--
(1) previously expressed its strong concerns in House
Resolution 57 of February 2, 2005, and Senate Resolution 91
of March 17, 2005, with the transfer of armaments and related
technology to the People's Republic of China by member states
of the European Union, which increased eightfold from 2001 to
2003, and with plans to terminate in the near future the arms
embargo they imposed in 1989 following the Tiananmen Square
massacre;
(2) welcomes deferral of a decision by the European Council
to terminate its arms embargo following adoption of those
Resolutions, the President's visit to Europe, and growing
concern among countries in the regions and the general public
on both sides of the Atlantic;
(3) welcomes the decision by the European Parliament on
April 14, 2005, by a vote of 421 to 85, to oppose the lifting
of the European Union's arms embargo on the People's Republic
of China, and resolutions issued by a number of elected
parliamentary bodies in Europe also opposing the lifting of
the arms embargo;
(4) also welcomes the onset of a strategic dialogue between
the European Commission and the Government of the United
States on the security situation in East Asia, through which
it is hoped a greater understanding will emerge of the
consequences of European assistance to the military buildup
of the People's Republic of China for peace and stability in
that region, to the security interests of the United States
and its friends and allies in the region, and, in particular,
to the safety of United States Armed Forces whose presence in
the region has been a decisive factor in ensuring peace and
prosperity since the end of World War II;
(5) hopes that a more intensive dialogue with Europe on
this matter will clarify for United States friends and allies
in Europe how their ``non-lethal'' arms transfers improve the
force projection of the People's Republic of China, are far
from benign, and enhance the prospects for the threat or use
of force in resolving the status of Taiwan, a troubling
prospect made more ominous by recent adoption of a new law by
the Chinese National People's Congress expressly authorizing
the use of force;
(6) also hopes that this dialogue will result in an
important new consensus between the United States and its
European partners on the need for coordinated policies which
encourage the development of democracy in the People's
Republic of China and which discourage, not assist, China's
unjustified military buildup and pursuit of weapons that
threaten its neighbors;
(7) however, deeply regrets that none of the European
friends and allies of the United States who have been
transferring arms to the People's Republic of China has
announced a cessation or even a temporary halt to those
transfers while this new dialogue with the United States
ensues, and notes with concern that such European friends and
allies have provided little, if any, transparency to the
United States Government into the full range and capabilities
of all of the armaments and related technology that they have
transferred to date and continue even now to do so;
(8) is further troubled by public reports describing well
known European companies as suppliers to weapons programs of
the People's Republic of China, who are also participants in
numerous sensitive United States Government weapons programs,
and the increased risks of diversion of United States weapons
technology to China inherent in such an undesirable
situation; and
(9) in view of the gravity of European arms sales to the
People's Republic of China, which have not abated, believes
it is necessary to make provision for greater scrutiny and
oversight with respect to those areas of international
armament cooperation that present increased levels of risk to
the security interests of the United States and to authorize
appropriate measures which the President may drawn on in
deterring foreign support for China's military buildup in
order to safeguard the national security interests of the
United States and peace and security in East Asia.
SEC. 3. REPORT ON FOREIGN MILITARY EXPORTS TO CHINA.
(a) Report.--The President shall, at the times specified in
subsection (b), transmit to the appropriate congressional
committees a report that identifies every person of a member
country of the European Union, and any other foreign person
the President may consider appropriate, with respect to whom
there is credible information indicating that the person, on
or after January 1, 2005, exported to--
(1) the People's Republic of China any item on the
Wassenaar Munitions List of July 12, 1996, and subsequent
revisions; or
(2) the military, intelligence, or other security forces of
the People's Republic of China--
(A) any item on the Wassenaar List of Dual Use Goods and
Technologies of July 12, 1996, and subsequent revisions; or
(B) any other dual use item if the item is intended,
entirely or in part, for use with an item described in
paragraph (1).
(b) Timing of Report.--The report required under subsection
(a) shall be transmitted not later than 180 days after the
date of the enactment of this Act and not later than the end
of each 12-month period thereafter.
(c) Exceptions.--A foreign person is not required to be
identified in a report required under subsection (a) if the
person--
(1) was identified in a previous report transmitted under
subsection (a) on account of a particular export, except to
the extent that the export may have continued, involved
additional transfers, or was larger, more significant, or
different in nature than described in the previous report;
(2) was engaged solely in an export on behalf of, or in
concert with, the Government of the United States; or
(3) was engaged in an export which, as determined by the
President, would be exempt from the restrictions of section
902(a) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note), if the export were subject to the jurisdiction of the
United States, by reason of the issuance of a report under
section 902(b) of such Act.
(d) Form.--If the President considers it appropriate,
reports transmitted under subsection (a), or appropriate
parts thereof, may be transmitted in classified form.
SEC. 4. REPORT ON CHINA ARMS TRANSFER POLICIES OF COUNTRIES
PARTICIPATING IN UNITED STATES DEFENSE
COOPERATIVE PROJECTS; CERTAIN LICENSE
REQUIREMENTS.
(a) Statement of Policy.--Congress is concerned with the
significant additional risk of unlawful use and diversion of
sensitive United States weapons system research, design, and
development arising from cooperative research and development
projects with foreign governments and foreign persons who may
also transfer arms and related technology to the People's
Republic of China.
(b) Report.--The President shall, at the times specified in
subsection (c), transmit to the appropriate congressional
committees a report that--
(1) identifies every foreign government with respect to
which the United States is carrying out a cooperative project
described in subsection (d) and whose policies or practices,
on or after the date of the enactment of this Act, permit the
export of any item described in paragraph (1), or
subparagraph (A) or (B) of paragraph (2), of section 3(a);
and
(2) describes the cooperative projects and policies or
practices referred to in paragraph (1) of every foreign
government identified under such paragraph.
(c) Timing of Report.--The report required under subsection
(b)--
(1) shall be transmitted not later than 180 days after the
date of the enactment of this Act and not later than the end
of each 12-month period thereafter; and
(2) may be included in the report required under section 3,
as the President determines appropriate.
(d) Cooperative Projects.--The cooperative projects
referred to in subsection (b) are projects carried out under
section 27 of the Arms Export Control Act (22 U.S.C. 2767) or
section 2350a, 2358, or a memorandum of understanding under
section 2531 of title 10, United States Code.
(e) License Requirements.--
[[Page H5761]]
(1) Requirement.--Notwithstanding any other provision of
law, a license under section 38 of the Arms Export Control
Act (22 U.S.C. 2778) shall be required for the export of
defense articles or defense services by any person who is not
an officer or employee of the Government of the United States
in furtherance of a cooperative project described in
subsection (d) with a country identified in a report
transmitted under subsection (b).
(2) Congressional notification.--The issuance of a license
pursuant to paragraph (1) shall be subject to the same
requirements as are applicable to the export of items
described in section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) (without regard to the dollar amount
requirements relating to contracts contained in such
section), including the transmittal of information and the
application of congressional review procedures in accordance
with such section.
SEC. 5. CERTAIN FOREIGN OWNERSHIP AND CONTROL OF DEFENSE
ARTICLES IN THE UNITED STATES.
(a) Statement of Policy.--Congress determines that special
care should be taken by the United States with respect to
foreign persons who sell arms and related technology to the
People's Republic of China, while simultaneously seeking
ownership of United States defense articles or defense
services, including the results of United States Government
funded defense research and development, through the
acquisition or control of United States defense firms,
directly or through their subsidiaries and affiliates based
in the United States.
(b) License Requirements.--
(1) Requirement.--The President shall require a license
pursuant to regulations issued under section 38(g)(6) of the
Arms Export Control Act (22 U.S.C. 2778(g)(6)) for the
transfer of ownership or control of United States defense
articles or defense services arising from the acquisition or
control of a person required to be registered under section
38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any
subsidiary, division, affiliate or other entity thereof,
whenever the person gaining acquisition or control is--
(A) a foreign national of the People's Republic of China or
a foreign person otherwise subject to the jurisdiction,
ownership, or control of the People's Republic of China;
(B) a foreign person identified in a report transmitted
under section 3 or having its principal place of business in
a country described in a report transmitted under section 4;
or
(C) a United States person owned or controlled by a foreign
person, including a subsidiary or affiliate of a foreign
person described in subparagraph (B).
(2) Additional requirement.--A license under section
38(g)(6) of the Arms Export Control Act for a person
described in paragraph (1)(A) shall not be issued until 30
days after the date on which the President transmits a report
that contains a determination of the President that--
(A) the Government of the People's Republic of China meets
the requirements of section 902(b)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991
(Public Law 101-246; 22 U.S.C. 2151 note); or
(B) it is in the national interest of the United States to
issue the license.
(c) Congressional Notification.--The issuance of a license
pursuant to subsection (b) shall be subject to the same
requirements as are applicable to the export of items
described in section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) (without regard to the dollar amount
requirements relating to contracts contained in such
section), including the transmittal of information and the
application of congressional review procedures in accordance
with such section.
(d) Exception.--The issuance of a license pursuant to
subsection (b) shall not be required in the case of an
amendment to a munitions license or a change in registration
arising from a sale or transfer of ownership or control of
United States defense articles or defense services to a
person described in subparagraph (A), (B), or (C) of
subsection (b)(1) that was approved prior to the date of
enactment of this Act unless the President determines that it
is in the national security interests of the United States to
require the issuance of a new license pursuant to subsection
(b).
SEC. 6. CHINESE MILITARY END USE OF DUAL USE EXPORTS.
(a) Statement of Policy.--Congress welcomes the
understanding reached at the Wassenaar Arrangement's December
2003 plenary meeting to require governmental authorization
for the transfer of non-listed dual use items intended for
military end use in a destination subject to any relevant
regional arms embargo or to any United Nations Security
Council resolution.
(b) License Requirement.--
(1) Requirement.--The President shall require a license
under the Export Administration Regulations for the export of
any item described in paragraph (1), or subparagraph (A) or
(B) of paragraph (2), of section 3(a) that is not subject to
a license under section 38 of the Arms Export Control Act (22
U.S.C. 2778) if the item is intended for military end use by
the People's Republic of China.
(2) Sense of congress.--It is the sense of Congress that
the President should not approve a license pursuant to
paragraph (1) unless the President determines that approval
is important to counterterrorism, nonproliferation, or other
national security interests of the United States.
(c) Congressional Notification.--The issuance of a license
pursuant to subsection (b) shall be subject to the same
requirements as are applicable to the export of items
described in section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) (without regard to the dollar amount
requirements relating to contracts contained in such
section), including the transmittal of information and the
application of congressional review procedures in accordance
with such section.
(d) Definition.--In this section, the term ``military end
use'' means, with respect to an item, the item is or may be
intended, entirely or in part, for use in conjunction with an
item described on the Wassenaar Munitions List of July 12,
1996, and subsequent revisions.
SEC. 7. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) Application of Measures.--Subject to sections 8 and 9,
the President may apply with respect to any foreign person
(including a foreign government) identified in a report
transmitted under section 3, and shall apply with respect to
any foreign person (including a foreign government)
identified in more than one report transmitted under section
3, any or all of the following measures:
(1) Research and development.--Denial of participation in
existing and new cooperative research and development
programs and projects under section 27 of the Arms Export
Control Act (22 U.S.C. 2767) or sections 2350a, 2358, or a
memorandum of understanding under 2531 of title 10, United
States Code.
(2) Control of united states defense firms.--Prohibition of
ownership and control of any business organization required
to be registered with the United States Government as a
manufacturer or exporter of defense articles or defense
services under section 38(b)(1) of the Arms Export Control
Act (22 U.S.C. 2778(b)(1)).
(3) Security assistance.--Prohibition on participation in
any foreign military sales under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.) or any design and
construction sales under chapter 2A of such Act (22 U.S.C.
2769).
(4) Munitions list approvals.--Prohibition on licenses and
other forms of approval under section 38 of the Arms Export
Control Act (22 U.S.C. 2778) for the export of any item on
the United States Munitions List as in effect on August 8,
1995.
(5) Dual use approvals.--Prohibition on licenses and other
forms of approval for dual use goods or technology, the
export of which is controlled under the Export Administration
Act of 1979 (as continued in effect under the International
Emergency Economic Powers Act) or the Export Administration
Regulations.
(b) Application of Additional Measures.--Subject to
sections 8 and 9, and notwithstanding any other provision of
law, the President may, with respect to any foreign person
(including a foreign government) identified in a report
transmitted under section 3, and shall, with respect to any
foreign person (including a foreign government) identified in
more than one report transmitted under section 3--
(1) suspend the use of any license exemption and expedited
license procedure established in the International Traffic in
Arms Regulations or other provisions of law for the export or
temporary import of defense articles and defense services;
(2) require the execution of a non-transfer and end use
certificate for the export of any defense articles and
defense services; and
(3) require, as a condition of issuance of any license for
the export of defense articles and defense services, United
States access to and verification of the items after the
export of the items or alternative measures to ensure
compliance with restrictions on the transfer of the items to
third-parties.
(c) Effective Date of Measures.--Measures applied pursuant
to subsection (a) or (b) shall be effective with respect to a
foreign person (including a foreign government) no later
than--
(1) 30 days after the report identifying the foreign person
is transmitted, if the report is transmitted on or before the
date required by section 3(b); or
(2) on the date that the report identifying the foreign
person is transmitted, if the report is transmitted more than
30 days after the date required by section 3(b).
(d) Duration of Measures.--Measures applied pursuant to
subsection (a) shall be for a period of 2 years or longer, as
the President determines appropriate. Measures applied
pursuant to subsection (b) shall be, at a minimum, consistent
with the duration of the license and the normal requirements
for record keeping established in the International Traffic
in Arms Regulations or longer, as the President determines
appropriate.
(e) Publication in Federal Register.--The application of
measures to a foreign person pursuant to subsection (a) or
(b) shall be announced by notice published in the Federal
Register, except if the President determines that doing so
would be inconsistent with the protection of classified
information.
SEC. 8. PROCEDURES IF DISCRETIONARY MEASURES ARE NOT APPLIED.
(a) Requirement to Notify Congress.--If the President does
not exercise the authority of subsection (a) or (b) of
section 7 to apply any or all of the discretionary measures
described in such subsection with respect to a foreign person
identified in a report transmitted under section 3, the
President shall
[[Page H5762]]
so notify the appropriate congressional committees not later
than the effective date under section 7(c) for measures with
respect to that person.
(b) Written Justification.--Any notification transmitted by
the President under subsection (a) shall include a written
justification describing in detail the facts and
circumstances relating specifically to the foreign person
identified in a report transmitted under section 3 that
support the President's decision not to exercise the
authority of subsection (a) or (b) of section 7 with respect
to that person.
(c) Form.--If the President considers it appropriate, the
notification of the President under subsection (a), and the
written justification under subsection (b), or appropriate
parts thereof, may be transmitted in classified form.
SEC. 9. DETERMINATIONS EXEMPTING FOREIGN PERSONS FROM
MANDATORY MEASURES.
(a) Waiver.--Any mandatory measure described in section 7
shall not apply with respect to a foreign person if the
President transmits to the appropriate congressional
committees a report that contains a determination of the
President that--
(1) on the basis of information provided by that person or
the foreign government having primary jurisdiction over the
person, the person did not, on or after January 1, 2005,
knowingly export to the People's Republic of China the item
the apparent export of which caused the person to be
identified in a report transmitted under section 3; or
(2) the foreign government having primary jurisdiction over
the person has entered into a written agreement with the
United States which--
(A) is binding under international law;
(B) prohibits further exports of any item described in
paragraph (1), or subparagraph (A) or (B) of paragraph (2),
of section 3(a) by any person subject to its jurisdiction;
(C) is supported by the foreign government's adoption of
policies and procedures providing for credible implementation
of the requirements in subparagraphs (A) and (B);
(D) does not constrain the President's authority to impose
measures under this act in the event of a future export of
concern by the same or other persons subject to the
jurisdiction of the foreign government party to the
agreement; and
(E) is submitted to the appropriate congressional
committees 30 days prior to its entry into force.
(b) Additional Waiver.--Any mandatory measure described in
section 7 shall not apply to a foreign person if the
President determines that it is important to the
counterterrorism, nonproliferation, or other national
security interests of the United States and transmits to the
appropriate congressional committees a report in writing that
contains such determination.
(c) Sense of Congress.--It is the sense of Congress that
the President should--
(1) strengthen international coordination and execution of
arms export policy through the development of bilateral and
multilateral agreements under subsection (a)(2), particularly
with member states of the North Atlantic Treaty Organization
(NATO), Japan, Australia and New Zealand, and exercise the
waivers provided under this section in all appropriate
instances that further this objective; and
(2) whenever the President determines that the measures
described in section 7 should be applied, that the measures
be applied comprehensively with respect to the affected
foreign person's affiliates and subsidiaries, wherever
located, in order to deter to the fullest extent possible a
recurrence or continuation of the export giving rise to the
President's determination.
(d) Form.--If the President considers it appropriate, the
determination and report of the President under subsection
(a), or appropriate parts thereof, may be transmitted in
classified form.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(2) Defense articles and defense services.--The term
``defense articles and defense services'' has the meaning
given the term in section 47(7) of the Arms Export Control
Act (22 U.S.C. 2794 note).
(3) Dual use.--The term ``dual use'' means, with respect to
goods or technology, those goods or technology that are
specifically designed or developed for civil purposes but
which also may be used or deployed in a military or
proliferation mode. Such term does not include purely
commercial items.
(4) Export.--The term ``export'' has the meaning given that
term in section 120.17 of the International Traffic in Arms
Regulations, and includes re-exports, transfers, and
retransfers by any means.
(5) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations
contained in sections 730 through 774 of title 15, Code of
Federal Regulations (or successor regulations).
(6) Foreign government.--The term ``foreign government''
has the meaning given the term in section 38(g)(9)(B) of the
Arms Export Control Act (22 U.S.C. 2778(g)(9)(B)).
(7) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 38(g)(9)(C) of the Arms
Export Control Act (22 U.S.C. 2778(g)(9)(C)).
(8) Good.--The term ``good'' has the meaning given the term
in section 16(3) of the Export Administration Act of 1979 (50
U.S.C. App. 2415(3)).
(9) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120 through 130 of title
22, Code of Federal Regulations (or successor regulations).
(10) Item.--The term ``item'' means any good or technology,
defense article or defense service subject to the export
jurisdiction of the United States under law or regulation.
(11) License.--The term ``license'' means an official
written document of the United States Government issued
pursuant to the Export Administration Regulations or the
International Traffic in Arms Regulations, as the case may
be, authorizing a specific export.
(12) Other forms of approval.--The term ``other forms of
approval'' includes any authorization, rule or exemption
contained in any statute or regulation that permits an export
without a license.
(13) Ownership or control.--The term ``ownership or
control'' has the meaning given the term in section 122.2(c)
of the International Traffic in Arms Regulations.
(14) Person.--The term ``person'' has the meaning given the
term in section 38(g)(9)(E) of the Arms Export Control Act
(22 U.S.C. 2778(g)(9)(E)).
(15) Technology.--The term ``technology'' has the meaning
given the term in section 16(4) of the Export Administration
Act of 1979 (50 U.S.C. App. 2415(4)).
(16) United states munitions list.--The term ``United
States Munitions List'' means the list referred to in section
38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Hyde) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
General Leave
Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3100, a bill which I introduced for the
purpose of authorizing measures to deter arms transfers by foreign
countries to the People's Republic of China.
{time} 1200
This bill has 14 cosponsors from both sides of the aisle, including
the gentleman from California (Mr. Lantos), the ranking Democratic
member of the Committee on International Relations; and the gentleman
from California (Mr. Hunter), the chairman of the Committee on Armed
Services. The Committee on International Relations has marked up the
bill and ordered it reported unanimously. The background and need for
this legislation can be briefly summarized.
When the House passed Resolution 57 overwhelmingly 411 to 3 on
February 2, 2005, it did so in the context of a rising chorus from
European leaders that it was time to terminate the European Union's
arms embargo on China. In response to this development, Resolution 57
called on the European Union to take two steps: one, to maintain its
arms embargo on the People's Republic of China; and, two, to eliminate
weaknesses in the embargo and in the national policies of the EU member
states. Indeed, those weaknesses are loopholes of one form or another
that had permitted European weapons technology to flow to China at an
increasingly higher level, even while the embargo remained in place.
Now we have word that the EU has decided for the time being not to
terminate the China arms embargo. This, of course, is a welcome
development, but it only responds to one of the two steps we asked to
be taken. Unfortunately, while maintaining the embargo in the formal
sense, the EU and its member states have remained silent on whether
they will actually stop the flow of arms-related technology from Europe
to China. The supply of European arms technology to China has risen
steadily in recent years, both in quantity and quality or
sophistication.
With respect to quantity, European arms sales to China increased
eight-
[[Page H5763]]
fold, to $540 million in the 3-year period between 2001 and 2003.
Qualitatively, European transfers have included a number of systems
which increased the range, reliability, and lethality of China's attack
aircraft and other offensive weapons systems.
The implications of these transfers are uniformly negative for the
security of U.S. Armed Forces in East Asia, for the defense of our
friends and allies in the region, and for regional stability more
broadly. In this respect, I note the public testimony by the Director
of the CIA, Mr. Goss, on February 16, 2005, before the Senate Select
Committee on Intelligence. At that time he pointed out that Beijing's
military modernization and military buildup is tilting the balance of
power in the Taiwan Strait and that improved Chinese capabilities
threaten U.S. forces in the region.
H.R. 3100 would address these continuing serious concerns in several
ways. First, the bill would ensure Congress has the information it
needs from the executive branch concerning foreign support for Chinese
weapons acquisitions. Under H.R. 3100, the President would henceforth
submit an annual report to Congress on European companies that are
aiding China's military buildup and on European governments whose
policies condone these sales.
Second, for those European companies and governments that continue
dangerous arms relationships with China, the bill would expand U.S.
export license requirements and increase congressional oversight in
certain circumstances. This will ensure that access to sensible U.S.
weapons technology is monitored carefully in the case of foreign
companies that are also suppliers to Chinese military programs. As the
chairman of the Committee on Armed Services noted during our April 14
hearing, the technology control plans which govern access to our
weapons technology by foreign contractors who are also aiding the
Chinese could be very challenging, if not ``mission impossible.''
Third, the President would be given new authority to help deter
future European arms-related sales, should enhanced procedural
safeguards not be enough. H.R. 3100 provides a menu of measures the
President could draw upon in limiting access of culpable persons to
U.S. weapons technology.
Significantly, H.R. 3100 would not have a retroactive character. It
will not reach back. This is because the bill is not intended to be
punitive; its primary purpose is deterrence. In this context, the
optimal report Congress could receive is one in which no European
company or government is named. However, if EU member states do not
make it possible for this to happen, the President would be in a
position to take other steps in consultation with the Congress to
safeguard our security interests.
Mr. Speaker, I hope our colleagues will join me in supporting H.R.
3100.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume. I
rise in strong support of H.R. 3100, the East Asia Security Act of
2005.
Mr. Speaker, tens of thousands of American troops are currently
deployed in Asia, and the American Armed Forces one day could be sent
to the Taiwan Strait to help defend the island nation from invasion by
Mainland China. It is also possible that American troops might be
mobilized in other circumstances in East Asia.
We certainly do not seek a military confrontation with China. Our
country is actively working to reduce the possibility of any
hostilities with that country. At the same time, I am certain that my
colleagues remember our tense confrontation with China over the
incident involving an American EP-3 aircraft that was forced to land at
Hainan Island in southern China after it was harassed and damaged by a
Chinese fighter aircraft.
In addition to our own troops' safety, Mr. Speaker, our country has
other vital interests throughout the Asia Pacific region, including the
national and economic security interests of our friends and allies.
Earlier this year, we faced a serious problem when the European Union
announced its ill-advised intention to lift the embargo against the
sale of sophisticated weapons to China. For the American people, this
raised the threat that American soldiers could face the latest in high-
tech weaponry manufactured in Europe as well as Chinese weapons systems
that could be greatly improved by European technology. In February of
this year, this House adopted House Resolution 57, introduced by my
good friend, the distinguished chairman of the Committee on
International Relations, the gentleman from Illinois (Mr. Hyde), and
myself. That resolution called upon the Europeans to maintain their
embargo on arms sales to China; and as my colleagues recall, Mr.
Speaker, the Hyde-Lantos resolution was adopted in the House by a vote
of 411 to 3.
Our European allies received that clear message, and their ill-
advised effort to lift the embargo was quietly dropped. I welcomed that
action by the European Union.
The embargo on arms sales was initially initiated because of China's
horrendous human rights record. Nothing about that record has changed
in the 16 years since the Tiananmen Square Massacre. The only
difference is China's dramatically increasing military strength and the
consequent threat to the entire region.
Even with the embargo still in place, Mr. Speaker, several of the
leading nations of Europe have dramatically increased their sales to
China of military-related goods and high technology. In 2003, the last
year for which data is available, these sales amounted to over a half a
billion dollars from some European Union countries, including France,
Germany, Italy, and the Czech Republic. Other non-European Union
countries have also sold significant military equipment to China which
represents a threat to regional stability.
For all of these reasons, it is important that we make clear our
opposition to the sale of sophisticated military equipment to China,
and that we establish penalties by law against those companies and
countries that engage in sales that are damaging to our own national
security interests and the security of East Asia.
Our legislation, the Hyde-Lantos legislation, H.R. 3100, covers any
nation whose policies permit the export of dangerous military materiel
and technology to China. At the President's discretion, he can
publicize the activities of any country that is transferring sensitive
goods and technology to the People's Republic of China, and he has the
authority to impose sanctions if he chooses.
For any country that is involved in sensitive defense research and
development projects with the United States, and whose practices have
the potential to allow the transfer of U.S. technology to the People's
Republic of China, the Hyde-Lantos bill would require that all U.S.
exports of goods and technology to these countries be carefully
reviewed and licensed prior to export.
Our bill is extremely important to persuade other countries that
there will be severe consequences if they fail to respect the security
interests of their most important ally, the United States of America.
I urge all of my colleagues to support this bill.
Mr. HYDE. Mr. Speaker, I enclose two letters relating to the
consideration of H.R. 3100 The East Asia Security Act.''
House of Representatives, Committee on International
Relations,
Washington, DC, July 12, 2005.
Hon. Bill Thomas,
Chairman, House Committee on Ways and Means, Longworth House
Office Building, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill
H.R. 3100 ``The East Asia Security Act of 2005''. The
Committee has marked up the bill and ordered it reported by a
unanimous vote.
Under Rule X of the House Rules the Committee on Ways and
Means has jurisdiction over matters concerning imports. One
provision under Section 7 of H.R. 3100 may suspend the
President's ability to use a license exemption or expedited
procedure for licensing of the temporary importation of
defense articles, and thus falls within the jurisdiction of
the Committee on Ways and Means.
In the interest of permitting this Committee to proceed
expeditiously to the floor consideration of this bill, I
request your Committee waive its right to sequential referral
on this matter. I understand that such a waiver only applies
to this language in this bill, and not to the underlying
subject matter. I will urge the Speaker to name Members of
your Committee to any conference committee which is named to
consider this bill.
[[Page H5764]]
I appreciate your willingness to allow us to proceed. I
will insert this exchange of letters into the Congressional
Record during the debate of this bill.
Sincerely,
Henry J. Hyde,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, July 13, 2005.
Hon. Henry J. Hyde,
Chairman, Committee on International Relations, Rayburn House
Office Building, Washington, DC.
Dear Chairman Hyde: I am writing concerning H.R. 3100, the
``East Asia Security Act of 2005,'' which is scheduled for
floor consideration on Wednesday, July 13, 2005.
As you know, the Committee on Ways and Means has
jurisdiction over matters concerning imports. One provision
under Section 7 of H.R. 3100 may suspend the President's
ability to use a license exemption or expedited procedure for
licensing of the temporary importation of defense articles,
and thus falls within the jurisdiction of the Committee on
Ways and Means. However, in order to expedite this
legislation for floor consideration, the Committee will forgo
action on this bill. This is being done with the
understanding that it does not in any way prejudice the
Committee with respect to the appointment of conferees or its
jurisdictional prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 3100, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Best regards,
Bill Thomas,
Chairman.
Mr. Speaker, I yield back the balance of my time.
Mr. HYDE. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Simpson). The question is on the motion
offered by the gentleman from Illinois (Mr. Hyde) that the House
suspend the rules and pass the bill, H.R. 3100.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. HYDE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________