A bill to amend the Export Administration Act of 1979.

Summary

Amends the Export Administration Act of 1979 to change the title of the Act to the Export Control Act of 1979. Deletes some of the congressional findings of the Export Administration Act of 1979 (hereinafter referred to as the Export Administration Act). Adds the finding that the transfer of national security sensitive technology and goods to the Soviet Union and other unfriendly countries has led to the significant enhancement of Soviet bloc military-industrial capabilities. Declares that the foreign availability of goods and technology subject to U.S. national security export controls is a basic concern of the United States and should be eliminated. Declares that exports that contribute to excessive dependency of the United States and of countries friendly to the United States on strategic resources of potential adversaries can be harmful to the security of the United States and those countries. Declares that it is important that special emphasis be given to the need to control exports which could contribute to hurting U.S. national security. Declares that it is U.S. policy to use export controls to restrict exports which would make a contribution to the military or economic potential of countries which would prove detrimental to U.S. national security. (Current law refers to exports that would make a significant contribution to military potential.) Declares that export controls should be subject to review by Governmental agencies whenever appropriate. Provides that except in times of war or national emergency it is the policy of the United States to minimize restrictions on agricultural exports. Declares that it is U.S. policy to: (1) encourage friendly countries to cooperate in restricting the sale of goods and technology that can harm U.S. security; (2) negotiate bilaterally and multilaterally to eliminate the foreign availability of goods and technology similar and comparable to those subject to U.S. national security export controls; (3) to minimize the dependence of U.S. allies on the critical resources of potential adversaries through multilateral controls on exports and to minimize strategic threats posed by excessive hard currency earnings derived by such exports by potential adversaries; (4) sustain vigorous scientific enterprise by protecting the ability of scholars to communicate their findings freely except where it is in the national security interest of the United States to restrict such activities in conjunction with export control policy; and (5) maintain the policy of disallowing U.S. exceptions to the Coordinating Committee for Multilateral Controls (Cocom) list for the Soviet Union. Authorizes the issuance of validated licenses authorizing multiple exports. Changes the name of the "commodity control list" to the "control list". Requires that the control list state license requirements for exports to all destinations to which exports are controlled by the Export Administration Act. Deletes the provision authorizing the issuance of general export licenses. Directs the Secretary of Commerce (the Secretary) to issue export licenses for goods and technology which the President has determined are available without restriction from foreign sources in comparable quantities and quality to those produced domestically unless the President determines that the absence of such controls would prove detrimental to the foreign policy or national security of the United States and that negotiations may eliminate such foreign availability. Directs the Secretary and the Secretary of Defense to cooperate in gathering and assessing information relating to foreign availability. Directs the Secretary to keep the public fully appraised of changes in export control policy and procedures instituted in conformity with the Export Administration Act. (Current law requires the Secretary to keep the public appraised of such changes instituted in conformity with such Act with a view to encouraging trade.) Directs the Secretary to meet, at the Secretary's discretion, with representatives of the business sector to obtain their views on export control policy and foreign availability. (Current law requires the Secretary to meet regularly with business representatives for such purpose.) Authorizes the President to restrict reexports of goods or technologies and the transfer of goods or technologies within the United States to embassies and affiliates of countries to which exports of these goods or technologies are controlled. Deletes the provision that requires the Secretary to provide certain information to an export license applicant whose application has been denied. Deletes the prohibition against basing regulations to carry out national security export controls upon the assumption that effective safeguards against foreign availability can be devised. Requires that one of the factors that shall be used to determine U.S. policy with respect to a country for national security export control purposes is whether the country's policies are adverse to U.S. national security interests. Requires the Secretary of Defense, in developing a list of militarily critical technologies, to give primary emphasis to goods which would extend a process line employed in the application of a militarily critical technology or the analysis of which would reveal or give insight into a U.S. military system. Requires that such emphasis should be given to those and other goods which are not possessed by or available from foreign sources to countries to which exports are controlled for national security purposes and which, if exported, would permit a significant advance in a military system of such countries. Requires the initial version of such list to be completed by January 1, 1985. Requires the Secretary of Defense to report annually to Congress on actions taken to carry out the national security export control provisions. Deletes the provisions relating to the issuance of and reporting to Congress on qualified general export licenses. Requires the Secretary to consult with the Secretary of Defense on the foreign availability of goods and technologies subject to national security export controls. Requires that the foreign availability of such goods and technologies must be of comparable quality and quantity (current law refers to "sufficient" quality and quantity) to require a validated export license. Deletes the provision stating the information which the Secretary must provide if it is determined that the foreign availability of a good or technology is such that a license for its export should be given or that the national security export control should be lifted. Directs the Secretary to make a foreign availability assessment. Sets forth the factors that may be considered in determining foreign availability. Requires the President to actively pursue negotiations to eliminate foreign availability if export controls are imposed notwithstanding foreign availability. Requires that representatives of the intelligence community shall be appointed to technical advisory committees dealing with questions of the foreign availability of an article subject to or proposed for national security export controls. Deletes the provision that authorizes the technical advisory committee to initiate action to lift a national security export control because of the foreign availability of the good or technology subject to the export control. Deletes the requirement that the President enter into negotiations with the Cocom governments with a view toward accomplishing an agreement to reduce the scope of the export controls imposed by Cocom. Directs the President to enter into negotiations with such governments to: (1) accord the current multilateral agreement treaty status; (2) improve the International Control List and minimize the approval of exceptions to that list, strengthen enforcement and cooperation in enforcement efforts, provide sufficient funding for Cocom, and improve the structure and functions of the Cocom Secretariat; and (3) strengthen Cocom so that it functions effectively in controlling export trade in a manner that better protects the national security of each participant. Requires any U.S. nongovernmental entity which enters into any agreement with a government agency of a country subject to national security export controls which calls for technical cooperation and is intended to result in the export of unpublished technical data of U.S. origin to report the agreement with sufficient detail to the Secretary. Excludes educational institutions from such reporting requirement except where the unpublished technical data involve a technology identified by the Secretary of Defense as a militarily critical technology. Directs the Secretary of State to conduct negotiations with countries, including non-Cocom countries, regarding their cooperation in restricting exports in order to carry out national security goals. Requires the Secretary to treat exports to countries that agree on export restrictions comparable to those maintained by Cocom in the same manner as exports to members of the Cocom are treated. Directs the Secretary, whenever there is reliable evidence that goods or technology subject to national security export controls which were exported to a country subject to such controls have been diverted to a military use or consignee, to deny all further exports to or by the party or parties who divert or conspire to divert the goods or technology. Authorizes the Secretary to take additional steps to deter the further military use of the previously exported goods or technology. Directs the Commissioner of Customs to provide security advice to manufacturers or persons engaged in handling goods or technology subject to national security export controls. Directs the Secretary, the Secretary of Defense, and any other agency consulted in connection with an export license application or revision of a control list to keep records of their advice. Establishes within the Office of the Under Secretary of Defense for Policy a National Security Control Agency. Declares that the national security export control provisions do not authorize export controls on agricultural commodities except in time of war or national emergency. Directs the President to require an individual validated license for export of U.S. goods or technology, or by persons subject to U.S. jurisdiction, the ultimate destination of which is a country possessing nuclear weapons, unless the country is a member of the North Atlantic Treaty Organization or has ratified and complied with the requirements of the Nuclear Non-Proliferation Treaty. Authorizes the President to waive such requirement if the President makes a specified certification to Congress. Authorizes the President to impose controls on imports from a country whenever the authority to impose export controls for foreign policy purposes is exercised. Replaces the provision excluding medicine, medical supplies and certain food exports from foreign policy export controls. Declares that the foreign policy export control provisions do not authorize export controls on medicine or medical supplies or on donations of items intended to meet basic human needs except to the extent that the President determines that such exports are in response to coercion against the proposed recipient or donor, or would endanger the U.S. armed forces or U.S. citizens by contributing to the potential of a terrorist organization or group. Declares that this provision shall not be construed to prohibit the President from imposing restrictions on medicine or medical supplies or other goods under the International Emergency Economic Powers Act. Requires the Secretary and the Secretary of State to notify the House Foreign Affairs Committee and the Senate foreign Relations Committee at least 30 days before approving a license for the export of goods or technology valued at $1,000,000 (currently $7,000,000) to a country that supports international terrorism. Prohibits approval of a license for an export to a terrorist organization or group residing in, or active in, any country or to any intermediary or agent of such organization or group. Directs the Secretary to clearly identify on the control list which goods and technical data and countries or destinations are subject to which types of foreign policy export controls. Eliminates the provision that prohibits the export of horses for slaughter. Directs the Secretary to provide certain information to an export license applicant whose application has been denied. Authorizes the Secretary of Defense to review any proposed export to a country subject to national security export controls or where the Secretary of Defense determines that there is a clear risk of diversion of militarily critical goods or technology to proscribed destinations. Directs the Secretary of Defense to recommend to the President that an export be disapproved whenever the Secretary of Defense determines that the export will prove detrimental to U.S. national security by making a significant contribution to the military potential of any such country or constituting a clear risk of diversion to a proscribed destination of militarily critical goods or technology. Requires that questions of whether the Secretary of Defense should review a certain type of transaction or a proposed export shall be referred to the President if the Secretary and the Secretary of Defense cannot otherwise agree. Imposes penalties for conspiracies to violate the Export Administration Act of 1979 and for attempts to violate the Act. Prohibits possession goods or technology with intent to export them contrary to the Act. States that whoever (including a foreign country) violates national security or foreign policy export controls when the United States is engaged in active hostilities against a country to which such controls apply shall be subject to import controls. Directs the Commissioner of Customs to impose civil penalties for violations of the Export Administration Act. Authorizes the Secretary to revoke or suspend the authority to export of a person convicted of a violation of any other provision of Federal law arising out of the export of goods or technology prohibited by or under such Act. States that whoever violates any national security controls may be subject to controls on importing goods or technology into the United States or its possessions. Provides for the forfeiture of property interests and any proceeds obtained as a result of violations of national security controls. States that no person convicted of espionage shall be eligible, at the Secretary's discretion, to apply for or use any export license for up to ten years from the date of conviction. Grants jurisdiction to enforce such Act to any district court of the United States. Authorizes the Commissioner of Customs to enforce the Export Administration Act, the Export Control Act of 1949, or the Export Administration Act of 1969. Authorizes U.S. Customs Service officers or other persons authorized to board and search vessels to seize from such vessels any goods or technology which they have reasonable cause to suspect have been or will be illegally exported. Authorizes such officers or persons to make arrests without warrants. Directs the Secretary to consult with the heads of specified agencies to facilitate the sharing of enforcement information. Directs the Secretary and the Secretary of Defense to submit quarterly reports to the appropriate congressional committees on the operation and improvement of the Government's ability to assess and to eliminate foreign availability. Requires the President to include in each annual report a list of export licenses that were approved for exports to countries subject to national security export controls. Directs the President to include in each annual report a detailed description of the extent of injury to U.S. industry and the extent of job displacement caused by U.S. exports to countries to which exports are controlled. Directs the President to appoint an Under Secretary of Commerce for Export Administration to carry out the functions of the Secretary of Commerce under the Export Administration Act. Changes the definitions of specified terms used in such Act, including "technology" and "good". Directs the President to submit to Congress by March 15, 1984, a proposal to create an Office of Strategic Trade. Directs the Secretary to develop a plan to help small businesses in the export licensing application process. Amends the International Emergency Economic Powers Act to authorize the President to impose controls on exports of goods or technology from U.S. companies, or their subsidiaries, or licensees operating outside the United States. Authorizes appropriations for FY 1984 and 1985 to carry out the Export Administration Act. Extends the authorization for such Act until September 30, 1989. Makes a technical amendment to the Magnuson Fishery Conservation and Management Act. Prohibits anything in the Export Administration Act from affecting a specified provision of the Agricultural Act of 1970 relating to contracts for the export of agricultural products.

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• Introduced in Senate

  summary · EN · 23 February 1984

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