HR 2581 IH

107th CONGRESS

1st Session

H. R. 2581

To provide authority to control exports, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 20, 2001

Mr. GILMAN introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide authority to control exports, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--GENERAL AUTHORITY

TITLE II--NATIONAL SECURITY EXPORT CONTROLS

Subtitle A--Authority and Procedures

Subtitle B--Foreign Availability and Mass-Market Status

TITLE III--FOREIGN POLICY EXPORT CONTROLS

TITLE IV--PROCEDURES FOR EXPORT LICENSES AND INTERAGENCY DISPUTE RESOLUTION

TITLE V--INTERNATIONAL ARRANGEMENTS; FOREIGN BOYCOTTS; SANCTIONS; AND ENFORCEMENT

TITLE VI--EXPORT CONTROL AUTHORITY AND REGULATIONS

TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 2. DEFINITIONS.

TITLE I--GENERAL AUTHORITY

SEC. 101. COMMERCE CONTROL LIST.

item which was the basis for the item being controlled.

necessary to install, repair, maintain, inspect, operate, or use the item.

SEC. 102. DELEGATION OF AUTHORITY.

SEC. 103. PUBLIC INFORMATION; CONSULTATION REQUIREMENTS.

SEC. 104. RIGHT OF EXPORT.

SEC. 105. EXPORT CONTROL ADVISORY COMMITTEES.

The Secretary shall consult with each such committee on such termination or extension of that committee.

SEC. 106. PRESIDENT'S TECHNOLOGY EXPORT COUNCIL.

SEC. 107. PROHIBITION ON CHARGING FEES.

TITLE II--NATIONAL SECURITY EXPORT CONTROLS

Subtitle A--Authority and Procedures

SEC. 201. AUTHORITY FOR NATIONAL SECURITY EXPORT CONTROLS.

SEC. 202. NATIONAL SECURITY CONTROL LIST.

United States from the misuse or diversion of such item.

SEC. 203. COUNTRY TIERS.

SEC. 204. INCORPORATED PARTS AND COMPONENTS.

significant contribution to the military or proliferation potential of a controlled country or end user which would prove detrimental to the national security of the United States, or unless failure to control the item would be contrary to the provisions of section 201(c), section 201(d), or section 309 of this Act.

the United States to a country to which the item is to be reexported.

SEC. 205. PETITION PROCESS FOR MODIFYING EXPORT STATUS.

Subtitle B--Foreign Availability and Mass-Market Status

SEC. 211. DETERMINATION OF FOREIGN AVAILABILITY AND MASS-MARKET STATUS.

SEC. 212. PRESIDENTIAL SET-ASIDE OF FOREIGN AVAILABILITY STATUS DETERMINATION.

eliminating foreign availability of the item through negotiation; or

eliminate foreign availability within that 18-month period.

SEC. 213. PRESIDENTIAL SET-ASIDE OF MASS-MARKET STATUS DETERMINATION.

SEC. 214. OFFICE OF TECHNOLOGY EVALUATION.

fiscal year preceding the report, including information on the training of personnel, and the use of Commercial Service Officers of the United States and Foreign Commercial Service to assist in making determinations. The information shall also include a description of determinations made under this Act during the preceding fiscal year that foreign availability or mass-market status did or did not exist (as the case may be), together with an explanation of the determinations.

agency, and all contractors with any such department or agency, shall, consistent with the need to protect intelligence sources and methods, furnish information to the Office concerning foreign availability and the mass-market status of items subject to export controls under this Act.

TITLE III--FOREIGN POLICY EXPORT CONTROLS

SEC. 301. AUTHORITY FOR FOREIGN POLICY EXPORT CONTROLS.

SEC. 302. PROCEDURES FOR IMPOSING CONTROLS.

comments on the export control proposed under this title.

SEC. 303. CRITERIA FOR FOREIGN POLICY EXPORT CONTROLS.

SEC. 304. PRESIDENTIAL REPORT BEFORE IMPOSITION OF CONTROL.

SEC. 305. IMPOSITION OF CONTROLS.

SEC. 306. DEFERRAL AUTHORITY.

SEC. 307. REVIEW, RENEWAL, AND TERMINATION.

section, the term `renewal year' means 2003 and every 2 years thereafter.

SEC. 308. TERMINATION OF CONTROLS UNDER THIS TITLE.

SEC. 309. COMPLIANCE WITH INTERNATIONAL OBLIGATIONS.

SEC. 310. DESIGNATION OF COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.

under subsection (a)(1), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989, shall be published in the Federal Register.

a description of the manner in which such country or organization intends to use the item;

SEC. 311. CRIME CONTROL INSTRUMENTS.

TITLE IV--PROCEDURES FOR EXPORT LICENSES AND INTERAGENCY DISPUTE RESOLUTION

SEC. 401. EXPORT LICENSE PROCEDURES.

was sought would allow such export to be compatible with export controls imposed under this Act, and which officer or employee of the Department would be in a position to discuss modifications or restrictions with the applicant and the specific statutory and regulatory bases for imposing such modifications or restrictions;

multilateral review is required by a relevant multilateral regime.

notify the Secretary of Defense and the head of any department or agency the Secretary considers appropriate. The Secretary shall, within 14 days after receiving the request, inform the person making the request of the proper classification.

SEC. 402. INTERAGENCY DISPUTE RESOLUTION PROCESS.

TITLE V--INTERNATIONAL ARRANGEMENTS; FOREIGN BOYCOTTS; SANCTIONS; AND ENFORCEMENT

SEC. 501. INTERNATIONAL ARRANGEMENTS.

the Committee on International Relations of the House of Representatives a report evaluating the effectiveness of each multilateral export control regime, including an assessment of the steps undertaken pursuant to subsections (c) and (d). The report, or any part of this report, may be submitted in classified form to the extent the President considers necessary.

the purpose and procedures of the multilateral export control regime.

SEC. 502. FOREIGN BOYCOTTS.

to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation:

United States person or of any owner, officer, director, or employee of such person.

trademarked, trade-named, or similarly specifically identifiable products, or components of products for such person's own use, including the performance of contractual services within that country.

enter into or implement an agreement, or take any other action referred to in subsection (a) shall report that request to the Secretary, together with any other information concerning the request that the Secretary determines appropriate. The person shall also submit to the Secretary a statement regarding whether the person intends to comply, and whether the person has complied, with the request. Any report filed pursuant to this paragraph shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any item to which such report relates may be treated as confidential if the Secretary determines that disclosure of that information would place the United States person involved at a competitive disadvantage. The Secretary shall periodically transmit summaries of the information contained in the reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate to carry out the purposes set forth in subsection (a).

SEC. 503. PENALTIES.

SEC. 504. MISSILE PROLIFERATION CONTROL VIOLATIONS.

MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act, title II or III of this Act, or any regulations or orders issued under any such provisions,

activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity.

(1) on a person with respect to a product or service if the President certifies to the Congress that--

operating as a business enterprise, and any successor of any such entity.

SEC. 505. CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION SANCTIONS.

for production quantities to satisfy United States operational military requirements;

SEC. 506. ENFORCEMENT.

ports of entry into or exit from the United States where officers of the United States Customs Service are authorized by law to carry out law enforcement responsibilities. Subject to paragraph (3), the United States Customs Service is authorized, in the enforcement of this Act, to search, detain (after search), and seize items

at the ports of entry into or exit from the United States where officers of the United States Customs Service are authorized by law to conduct searches, detentions, and seizures, and at the places outside the United States where the United States Customs Service, pursuant to agreement or other arrangement with other countries, is authorized to perform enforcement activities.

and employees of the Department only with the concurrence of the Commissioner of Customs or a person designated by the Commissioner.

that has been, is being, or is about to be exported from or transited through the United States in violation of this Act.

through the United States in violation of this Act.

each such closed undercover operation, the results obtained and any civil claims made with respect to the operation.

item or class of items to all end-users in that country until such post-shipment verification is allowed.

SEC. 507. ADMINISTRATIVE PROCEDURE.

renewal of a temporary denial order may, within 15 days after the order is issued, be appealed by a person subject to the order to the United States Court of Appeals for the District of Columbia Circuit, which shall have jurisdiction of the appeal. The court may review only those issues necessary to determine whether the issuance of the temporary denial order was based on reasonable cause to believe that the person subject to the order was engaged in or was about to engage in any act or practice that constitutes or would constitute a violation of this title, or any regulation, order, or license issued under this Act, or whether a criminal indictment has been returned against the person subject to the order alleging a violation of this Act or of any of the statutes listed in section 503. The court shall vacate the Secretary's order if the court finds that the Secretary's order is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

TITLE VI--EXPORT CONTROL AUTHORITY AND REGULATIONS

SEC. 601. EXPORT CONTROL AUTHORITY AND REGULATIONS.

shall carry out all functions of the Secretary under this Act and other provisions of law relating to national security, as the Secretary may delegate.

SEC. 602. CONFIDENTIALITY OF INFORMATION.

except that information submitted, obtained, or considered in connection with an application for an export license or other export authorization (or recordkeeping or reporting requirement) under the Export Administration Act of 1979, under this Act, or under the Export Administration regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1706), including--

regarding the control of exports which is submitted on a confidential basis to the Congress under subparagraph (A) unless the full committee to which the information is made available determines that the withholding of the information is contrary to the national interest.

more than 1 year, or both, for each violation of paragraph (1). Any such officer or employee may also be removed from office or employment.

TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. ANNUAL REPORT.

SEC. 702. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF NUCLEAR TRANSFERS TO NORTH KOREA.

SEC. 703. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS

`SEC. 823. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION DESCRIBED IN SECTION 822(a)(2).

other rules only to the extent they are inconsistent therewith; and

SEC. 704. TECHNICAL AND CONFORMING AMENDMENTS.

Shortage Relief Act of 1990 (16 U.S.C. 620c(f) and 620j) are repealed.

SEC. 705. SAVINGS PROVISIONS.

END