II

106TH CONGRESS

1ST SESSION S. 1372

To require the filing of Shippers’ Export Declarations through the Automated

Export System of the Department of the Treasury with respect to certain

transactions of proliferation concern, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 15, 1999

Mr. SPECTER (for himself, Mr. HELMS, Mr. BIDEN, Mr. DORGAN, Mr. SCHUMER, and Mr. SESSIONS) introduced the following bill; which was read

twice and referred to the Committee on Governmental Affairs

A BILL

To require the filing of Shippers’ Export Declarations

through the Automated Export System of the Department of the Treasury with respect to certain transactions

of proliferation concern, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Proliferation Preven5 tion Enhancement Act of 1999’’.
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1 SEC. 2. MANDATORY USE OF THE AUTOMATED EXPORT SYS2 TEM FOR FILING CERTAIN SHIPPERS’ EX3 PORT DECLARATIONS.

4 (a) AUTHORITY.—Section 301 of title 13, United

5 States Code, is amended by adding at the end the fol6 lowing new subsection:

7 ‘‘(h) The Secretary is authorized to require the filing

8 of Shippers’ Export Declarations under this chapter

9 through an automated and electronic system for the filing

10 of export information established by the Department of

11 the Treasury.’’.

12 (b) IMPLEMENTING REGULATIONS.—

13 (1) IN GENERAL.—Not later than 90 days after

14 the date of enactment of this Act, the Secretary of

15 the Treasury, in consultation with the Secretary of

16 Commerce and the Secretary of State, shall publish

17 regulations in the Federal Register to require that,

18 upon the effective date of those regulations, export19 ers (or their agents) who are required to file Ship20 pers’ Export Declarations under chapter 9 of title

21 13, United States Code, file such Declarations

22 through the Automated Export System with respect

23 to exports of items on the United States Munitions

24 List or the Commerce Control List.
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1 (2) ELEMENTS OF THE REGULATIONS.—The

2 regulations referred to in paragraph (1) shall include

3 at a minimum—

4 (A) provision for the establishment of on5 line assistance services to be available for those

6 individuals who must use the Automated Ex7 port System;

8 (B) provision for ensuring that an indi9 vidual who is required to use the Automated

10 Export System is able to print out from the

11 System a validated record of the individual’s

12 submission, including the date of the submis13 sion and a serial number or other unique identi14 fier for the export transaction; and

15 (C) a requirement that the Department of

16 Commerce print out and maintain on file a

17 paper copy or other acceptable back-up record

18 of the individual’s submission at a location se19 lected by the Secretary of Commerce.

20 (c) EFFECTIVE DATE.—The amendment made by

21 subsection (a) and the regulations described in subsection

22 (b) shall take effect 180 days after the Secretary of Com23 merce, the Secretary of the Treasury, and the Director

24 of the National Institute of Standards and Technology

25 jointly certify, by publishing in the Federal Register a no-
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1 tice, that a secure, Internet-based Automated Export Sys2 tem that is capable of handling the expected volume of

3 information required to be filed under subsection (b), plus

4 the anticipated volume from voluntary use of the Auto5 mated Export System, has been successfully implemented

6 and tested.

7 SEC. 3. VOLUNTARY USE OF THE AUTOMATED EXPORT SYS8 TEM.

9 It is the sense of Congress that exporters (or their

10 agents) who are required to file Shippers’ Export Declara11 tions under chapter 9 of title 13, United States Code, but

12 who are not required under section 2(b) to file such Dec13 larations using the Automated Export System, should do

14 so.

15 SEC. 4. REPORT TO CONGRESS.

16 Not later than 180 days after the date of enactment

17 of this Act, the Secretary of Commerce, in coordination

18 with the Secretary of State, the Secretary of Defense, the

19 Secretary of the Treasury, the Secretary of Energy, and

20 the Director of Central Intelligence, shall submit a report

21 to Congress setting forth—

22 (1) the advisability and feasibility of mandating

23 electronic filing through the Automated Export Sys24 tem for all Shippers’ Export Declarations;
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1 (2) the manner in which data gathered through

2 the Automated Export System can most effectively

3 be used by other automated licensing systems ad4 ministered by Federal agencies, including—

5 (A) the Defense Trade Application System

6 of the Department of State;

7 (B) the Export Control Automated Sup8 port System of the Department of Commerce;

9 (C) the Foreign Disclosure and Technology

10 Information System of the Department of De11 fense;

12 (D) the Proliferation Information Network

13 System of the Department of Energy;

14 (E) the Enforcement Communication Sys15 tem of the Department of the Treasury; and

16 (F) the Export Control System of the Cen17 tral Intelligence Agency; and

18 (3) a proposed timetable for any expansion of

19 information required to be filed through the Auto20 mated Export System.

21 SEC. 5. DEFINITIONS.

22 In this Act:

23 (1) AUTOMATED EXPORT SYSTEM.—The term

24 ‘‘Automated Export System’’ means the automated

25 and electronic system for filing export information
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1 established under chapter 9 of title 13, United

2 States Code, on June 19, 1995 (60 Federal Register

3 32040).

4 (2) COMMERCE CONTROL LIST.—The term

5 ‘‘Commerce Control List’’ has the meaning given the

6 term in section 774.1 of title 15, Code of Federal

7 Regulations.

8 (3) SHIPPERS’ EXPORT DECLARATION.—The

9 term ‘‘Shippers’ Export Declaration’’ means the ex10 port information filed under chapter 9 of title 13,

11 United States Code, as described in part 30 of title

12 15, Code of Federal Regulations.

13 (4) UNITED STATES MUNITIONS LIST.—The

14 term ‘‘United States Munitions List’’ means the list

15 of items controlled under section 38 of the Arms Ex16 port Control Act (22 U.S.C. 2778).

Æ