IB 

Union Calendar No. 102

109TH CONGRESS 

1ST SESSION H. R. 3100

[Report No. 109–165] 

To authorize measures to deter arms transfers by foreign countries to the 

People’s Republic of China. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005

Mr. HYDE (for himself, Mr. LANTOS, Mr. HUNTER, Mr. FALEOMAVAEGA, Ms. 

ROS-LEHTINEN, Mr. MCCOTTER, Mrs. JO ANN DAVIS of Virginia, Mr. 

BURTON of Indiana, Mr. SMITH of New Jersey, Mr. MCCAUL of Texas, 

Ms. HARRIS, Mr. WELLER, Mr. BOOZMAN, and Mr. ISSA) introduced the 

following bill; which was referred to the Committee on International Relations 

JULY 12, 2005

Additional sponsor: Mr. POE

JULY 12, 2005

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

To authorize measures to deter arms transfers by foreign 

countries to the People’s Republic of China.

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

2 This Act may be cited as the ‘‘East Asia Security 

3 Act of 2005’’. 

4 SEC. 2. STATEMENTS OF POLICY. 

5 Congress—

6 (1) previously expressed its strong concerns in 

7 House Resolution 57 of February 2, 2005, and Sen8 ate Resolution 91 of March 17, 2005, with the 

9 transfer of armaments and related technology to the 

10 People’s Republic of China by member states of the 

11 European Union, which increased eightfold from 

12 2001 to 2003, and with plans to terminate in the 

13 near future the arms embargo they imposed in 1989 

14 following the Tiananmen Square massacre; 

15 (2) welcomes deferral of a decision by the Euro16 pean Council to terminate its arms embargo fol17 lowing adoption of those Resolutions, the President’s 

18 visit to Europe, and growing concern among coun19 tries in the regions and the general public on both 

20 sides of the Atlantic; 

21 (3) welcomes the decision by the European Par22 liament on April 14, 2005, by a vote of 421 to 85, 

23 to oppose the lifting of the European Union’s arms 

24 embargo on the People’s Republic of China, and res25 olutions issued by a number of elected parliamentary 
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1 bodies in Europe also opposing the lifting of the 

2 arms embargo; 

3 (4) also welcomes the onset of a strategic dia4 logue between the European Commission and the 

5 Government of the United States on the security sit6 uation in East Asia, through which it is hoped a 

7 greater understanding will emerge of the con8 sequences of European assistance to the military 

9 buildup of the People’s Republic of China for peace 

10 and stability in that region, to the security interests 

11 of the United States and its friends and allies in the 

12 region, and, in particular, to the safety of United 

13 States Armed Forces whose presence in the region 

14 has been a decisive factor in ensuring peace and 

15 prosperity since the end of World War II; 

16 (5) hopes that a more intensive dialogue with 

17 Europe on this matter will clarify for United States 

18 friends and allies in Europe how their ‘‘non-lethal’’ 

19 arms transfers improve the force projection of the 

20 People’s Republic of China, are far from benign, and 

21 enhance the prospects for the threat or use of force 

22 in resolving the status of Taiwan, a troubling pros23 pect made more ominous by recent adoption of a 

24 new law by the Chinese National People’s Congress 

25 expressly authorizing the use of force; 
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1 (6) also hopes that this dialogue will result in 

2 an important new consensus between the United 

3 States and its European partners on the need for co4 ordinated policies which encourage the development 

5 of democracy in the People’s Republic of China and 

6 which discourage, not assist, China’s unjustified 

7 military buildup and pursuit of weapons that threat8 en its neighbors; 

9 (7) however, deeply regrets that none of the 

10 European friends and allies of the United States 

11 who have been transferring arms to the People’s Re12 public of China has announced a cessation or even 

13 a temporary halt to those transfers while this new 

14 dialogue with the United States ensues, and notes 

15 with concern that such European friends and allies 

16 have provided little, if any, transparency to the 

17 United States Government into the full range and 

18 capabilities of all of the armaments and related tech19 nology that they have transferred to date and con20 tinue even now to do so; 

21 (8) is further troubled by public reports describ22 ing well known European companies as suppliers to 

23 weapons programs of the People’s Republic of 

24 China, who are also participants in numerous sen25 sitive United States Government weapons programs, 
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1 and the increased risks of diversion of United States 

2 weapons technology to China inherent in such an 

3 undesirable situation; and 

4 (9) in view of the gravity of European arms 

5 sales to the People’s Republic of China, which have 

6 not abated, believes it is necessary to make provision 

7 for greater scrutiny and oversight with respect to 

8 those areas of international armament cooperation 

9 that present increased levels of risk to the security 

10 interests of the United States and to authorize ap11 propriate measures which the President may drawn 

12 on in deterring foreign support for China’s military 

13 buildup in order to safeguard the national security 

14 interests of the United States and peace and secu15 rity in East Asia. 

16 SEC. 3. REPORT ON FOREIGN MILITARY EXPORTS TO 

17 CHINA. 

18 (a) REPORT.—The President shall, at the times spec19 ified in subsection (b), transmit to the appropriate con20 gressional committees a report that identifies every person 

21 of a member country of the European Union, and any 

22 other foreign person the President may consider appro23 priate, with respect to whom there is credible information 

24 indicating that the person, on or after January 1, 2005, 

25 exported to—
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1 (1) the People’s Republic of China any item on 

2 the Wassenaar Munitions List of July 12, 1996, and 

3 subsequent revisions; or 

4 (2) the military, intelligence, or other security 

5 forces of the People’s Republic of China—

6 (A) any item on the Wassenaar List of 

7 Dual Use Goods and Technologies of July 12, 

8 1996, and subsequent revisions; or 

9 (B) any other dual use item if the item is 

10 intended, entirely or in part, for use with an 

11 item described in paragraph (1). 

12 (b) TIMING OF REPORT.—The report required under 

13 subsection (a) shall be transmitted not later than 180 days 

14 after the date of the enactment of this Act and not later 

15 than the end of each 12-month period thereafter. 

16 (c) EXCEPTIONS.—A foreign person is not required 

17 to be identified in a report required under subsection (a) 

18 if the person—

19 (1) was identified in a previous report trans20 mitted under subsection (a) on account of a par21 ticular export, except to the extent that the export 

22 may have continued, involved additional transfers, or 

23 was larger, more significant, or different in nature 

24 than described in the previous report; 
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1 (2) was engaged solely in an export on behalf 

2 of, or in concert with, the Government of the United 

3 States; or 

4 (3) was engaged in an export which, as deter5 mined by the President, would be exempt from the 

6 restrictions of section 902(a) of the Foreign Rela7 tions Authorization Act, Fiscal Years 1990 and 

8 1991 (Public Law 101–246; 22 U.S.C. 2151 note), 

9 if the export were subject to the jurisdiction of the 

10 United States, by reason of the issuance of a report 

11 under section 902(b) of such Act. 

12 (d) FORM.—If the President considers it appropriate, 

13 reports transmitted under subsection (a), or appropriate 

14 parts thereof, may be transmitted in classified form. 

15 SEC. 4. REPORT ON CHINA ARMS TRANSFER POLICIES OF 

16 COUNTRIES PARTICIPATING IN UNITED 

17 STATES DEFENSE COOPERATIVE PROJECTS; 

18 CERTAIN LICENSE REQUIREMENTS. 

19 (a) STATEMENT OF POLICY.—Congress is concerned 

20 with the significant additional risk of unlawful use and 

21 diversion of sensitive United States weapons system re22 search, design, and development arising from cooperative 

23 research and development projects with foreign govern24 ments and foreign persons who may also transfer arms 

25 and related technology to the People’s Republic of China. 
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1 (b) REPORT.—The President shall, at the times spec2 ified in subsection (c), transmit to the appropriate con3 gressional committees a report that—

4 (1) identifies every foreign government with re5 spect to which the United States is carrying out a 

6 cooperative project described in subsection (d) and 

7 whose policies or practices, on or after the date of 

8 the enactment of this Act, permit the export of any 

9 item described in paragraph (1), or subparagraph 

10 (A) or (B) of paragraph (2), of section 3(a); and 

11 (2) describes the cooperative projects and poli12 cies or practices referred to in paragraph (1) of 

13 every foreign government identified under such para14 graph. 

15 (c) TIMING OF REPORT.—The report required under 

16 subsection (b)—

17 (1) shall be transmitted not later than 180 days 

18 after the date of the enactment of this Act and not 

19 later than the end of each 12-month period there20 after; and 

21 (2) may be included in the report required 

22 under section 3, as the President determines appro23 priate. 

24 (d) COOPERATIVE PROJECTS.—The cooperative 

25 projects referred to in subsection (b) are projects carried 
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1 out under section 27 of the Arms Export Control Act (22 

2 U.S.C. 2767) or section 2350a, 2358, or a memorandum 

3 of understanding under section 2531 of title 10, United 

4 States Code. 

5 (e) LICENSE REQUIREMENTS.—

6 (1) REQUIREMENT.—Notwithstanding any 

7 other provision of law, a license under section 38 of 

8 the Arms Export Control Act (22 U.S.C. 2778) shall 

9 be required for the export of defense articles or de10 fense services by any person who is not an officer or 

11 employee of the Government of the United States in 

12 furtherance of a cooperative project described in 

13 subsection (d) with a country identified in a report 

14 transmitted under subsection (b). 

15 (2) CONGRESSIONAL NOTIFICATION.—The 

16 issuance of a license pursuant to paragraph (1) shall 

17 be subject to the same requirements as are applica18 ble to the export of items described in section 36(c) 

19 of the Arms Export Control Act (22 U.S.C. 2776(c)) 

20 (without regard to the dollar amount requirements 

21 relating to contracts contained in such section), in22 cluding the transmittal of information and the appli23 cation of congressional review procedures in accord24 ance with such section. 
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1 SEC. 5. CERTAIN FOREIGN OWNERSHIP AND CONTROL OF 

2 DEFENSE ARTICLES IN THE UNITED STATES. 

3 (a) STATEMENT OF POLICY.—Congress determines 

4 that special care should be taken by the United States 

5 with respect to foreign persons who sell arms and related 

6 technology to the People’s Republic of China, while simul7 taneously seeking ownership of United States defense arti8 cles or defense services, including the results of United 

9 States Government funded defense research and develop10 ment, through the acquisition or control of United States 

11 defense firms, directly or through their subsidiaries and 

12 affiliates based in the United States. 

13 (b) LICENSE REQUIREMENTS.—

14 (1) REQUIREMENT.—The President shall re15 quire a license pursuant to regulations issued under 

16 section 38(g)(6) of the Arms Export Control Act (22 

17 U.S.C. 2778(g)(6)) for the transfer of ownership or 

18 control of United States defense articles or defense 

19 services arising from the acquisition or control of a 

20 person required to be registered under section 

21 38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any 

22 subsidiary, division, affiliate or other entity thereof, 

23 whenever the person gaining acquisition or control 

24 is—

25 (A) a foreign national of the People’s Re26 public of China or a foreign person otherwise 
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1 subject to the jurisdiction, ownership, or control 

2 of the People’s Republic of China; 

3 (B) a foreign person identified in a report 

4 transmitted under section 3 or having its prin5 cipal place of business in a country described in 

6 a report transmitted under section 4; or 

7 (C) a United States person owned or con8 trolled by a foreign person, including a sub9 sidiary or affiliate of a foreign person described 

10 in subparagraph (B). 

11 (2) ADDITIONAL REQUIREMENT.—A license 

12 under section 38(g)(6) of the Arms Export Control 

13 Act for a person described in paragraph (1)(A) shall 

14 not be issued until 30 days after the date on which 

15 the President transmits a report that contains a de16 termination of the President that—

17 (A) the Government of the People’s Repub18 lic of China meets the requirements of section 

19 902(b)(1) of the Foreign Relations Authoriza20 tion Act, Fiscal Years 1990 and 1991 (Public 

21 Law 101–246; 22 U.S.C. 2151 note); or 

22 (B) it is in the national interest of the 

23 United States to issue the license. 

24 (c) CONGRESSIONAL NOTIFICATION.—The issuance 

25 of a license pursuant to subsection (b) shall be subject 
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1 to the same requirements as are applicable to the export 

2 of items described in section 36(c) of the Arms Export 

3 Control Act (22 U.S.C. 2776(c)) (without regard to the 

4 dollar amount requirements relating to contracts con5 tained in such section), including the transmittal of infor6 mation and the application of congressional review proce7 dures in accordance with such section. 

8 (d) EXCEPTION.—The issuance of a license pursuant 

9 to subsection (b) shall not be required in the case of an 

10 amendment to a munitions license or a change in registra11 tion arising from a sale or transfer of ownership or control 

12 of United States defense articles or defense services to a 

13 person described in subparagraph (A), (B), or (C) of sub14 section (b)(1) that was approved prior to the date of en15 actment of this Act unless the President determines that 

16 it is in the national security interests of the United States 

17 to require the issuance of a new license pursuant to sub18 section (b). 

19 SEC. 6. CHINESE MILITARY END USE OF DUAL USE EX20 PORTS. 

21 (a) STATEMENT OF POLICY.—Congress welcomes the 

22 understanding reached at the Wassenaar Arrangement’s 

23 December 2003 plenary meeting to require governmental 

24 authorization for the transfer of non-listed dual use items 

25 intended for military end use in a destination subject to 
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1 any relevant regional arms embargo or to any United Na2 tions Security Council resolution. 

3 (b) LICENSE REQUIREMENT.—

4 (1) REQUIREMENT.—The President shall re5 quire a license under the Export Administration 

6 Regulations for the export of any item described in 

7 paragraph (1), or subparagraph (A) or (B) of para8 graph (2), of section 3(a) that is not subject to a li9 cense under section 38 of the Arms Export Control 

10 Act (22 U.S.C. 2778) if the item is intended for 

11 military end use by the People’s Republic of China. 

12 (2) SENSE OF CONGRESS.—It is the sense of 

13 Congress that the President should not approve a li14 cense pursuant to paragraph (1) unless the Presi15 dent determines that approval is important to 

16 counterterrorism, nonproliferation, or other national 

17 security interests of the United States. 

18 (c) CONGRESSIONAL NOTIFICATION.—The issuance 

19 of a license pursuant to subsection (b) shall be subject 

20 to the same requirements as are applicable to the export 

21 of items described in section 36(c) of the Arms Export 

22 Control Act (22 U.S.C. 2776(c)) (without regard to the 

23 dollar amount requirements relating to contracts con24 tained in such section), including the transmittal of infor-
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1 mation and the application of congressional review proce2 dures in accordance with such section. 

3 (d) DEFINITION.—In this section, the term ‘‘military 

4 end use’’ means, with respect to an item, the item is or 

5 may be intended, entirely or in part, for use in conjunction 

6 with an item described on the Wassenaar Munitions List 

7 of July 12, 1996, and subsequent revisions. 

8 SEC. 7. APPLICATION OF MEASURES TO CERTAIN FOREIGN 

9 PERSONS. 

10 (a) APPLICATION OF MEASURES.—Subject to sec11 tions 8 and 9, the President may apply with respect to 

12 any foreign person (including a foreign government) iden13 tified in a report transmitted under section 3, and shall 

14 apply with respect to any foreign person (including a for15 eign government) identified in more than one report trans16 mitted under section 3, any or all of the following meas17 ures: 

18 (1) RESEARCH AND DEVELOPMENT.—Denial of 

19 participation in existing and new cooperative re20 search and development programs and projects 

21 under section 27 of the Arms Export Control Act 

22 (22 U.S.C. 2767) or sections 2350a, 2358, or a 

23 memorandum of understanding under 2531 of title 

24 10, United States Code. 
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1 (2) CONTROL OF UNITED STATES DEFENSE

2 FIRMS.—Prohibition of ownership and control of any 

3 business organization required to be registered with 

4 the United States Government as a manufacturer or 

5 exporter of defense articles or defense services under 

6 section 38(b)(1) of the Arms Export Control Act (22 

7 U.S.C. 2778(b)(1)). 

8 (3) SECURITY ASSISTANCE.—Prohibition on 

9 participation in any foreign military sales under 

10 chapter 2 of the Arms Export Control Act (22 

11 U.S.C. 2761 et seq.) or any design and construction 

12 sales under chapter 2A of such Act (22 U.S.C. 

13 2769). 

14 (4) MUNITIONS LIST APPROVALS.—Prohibition 

15 on licenses and other forms of approval under sec16 tion 38 of the Arms Export Control Act (22 U.S.C. 

17 2778) for the export of any item on the United 

18 States Munitions List as in effect on August 8, 

19 1995. 

20 (5) DUAL USE APPROVALS.—Prohibition on li21 censes and other forms of approval for dual use 

22 goods or technology, the export of which is con23 trolled under the Export Administration Act of 1979 

24 (as continued in effect under the International 
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1 Emergency Economic Powers Act) or the Export 

2 Administration Regulations. 

3 (b) APPLICATION OF ADDITIONAL MEASURES.—Sub4 ject to sections 8 and 9, and notwithstanding any other 

5 provision of law, the President may, with respect to any 

6 foreign person (including a foreign government) identified 

7 in a report transmitted under section 3, and shall, with 

8 respect to any foreign person (including a foreign govern9 ment) identified in more than one report transmitted 

10 under section 3—

11 (1) suspend the use of any license exemption 

12 and expedited license procedure established in the 

13 International Traffic in Arms Regulations or other 

14 provisions of law for the export or temporary import 

15 of defense articles and defense services; 

16 (2) require the execution of a non-transfer and 

17 end use certificate for the export of any defense arti18 cles and defense services; and 

19 (3) require, as a condition of issuance of any li20 cense for the export of defense articles and defense 

21 services, United States access to and verification of 

22 the items after the export of the items or alternative 

23 measures to ensure compliance with restrictions on 

24 the transfer of the items to third-parties. 
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1 (c) EFFECTIVE DATE OF MEASURES.—Measures ap2 plied pursuant to subsection (a) or (b) shall be effective 

3 with respect to a foreign person (including a foreign gov4 ernment) no later than—

5 (1) 30 days after the report identifying the for6 eign person is transmitted, if the report is trans7 mitted on or before the date required by section 

8 3(b); or 

9 (2) on the date that the report identifying the 

10 foreign person is transmitted, if the report is trans11 mitted more than 30 days after the date required by 

12 section 3(b). 

13 (d) DURATION OF MEASURES.—Measures applied 

14 pursuant to subsection (a) shall be for a period of 2 years 

15 or longer, as the President determines appropriate. Meas16 ures applied pursuant to subsection (b) shall be, at a min17 imum, consistent with the duration of the license and the 

18 normal requirements for record keeping established in the 

19 International Traffic in Arms Regulations or longer, as 

20 the President determines appropriate. 

21 (e) PUBLICATION IN FEDERAL REGISTER.—The ap22 plication of measures to a foreign person pursuant to sub23 section (a) or (b) shall be announced by notice published 

24 in the Federal Register, except if the President determines 
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1 that doing so would be inconsistent with the protection 

2 of classified information. 

3 SEC. 8. PROCEDURES IF DISCRETIONARY MEASURES ARE 

4 NOT APPLIED. 

5 (a) REQUIREMENT TO NOTIFY CONGRESS.—If the 

6 President does not exercise the authority of subsection (a) 

7 or (b) of section 7 to apply any or all of the discretionary 

8 measures described in such subsection with respect to a 

9 foreign person identified in a report transmitted under 

10 section 3, the President shall so notify the appropriate 

11 congressional committees not later than the effective date 

12 under section 7(c) for measures with respect to that per13 son. 

14 (b) WRITTEN JUSTIFICATION.—Any notification 

15 transmitted by the President under subsection (a) shall 

16 include a written justification describing in detail the facts 

17 and circumstances relating specifically to the foreign per18 son identified in a report transmitted under section 3 that 

19 support the President’s decision not to exercise the au20 thority of subsection (a) or (b) of section 7 with respect 

21 to that person. 

22 (c) FORM.—If the President considers it appropriate, 

23 the notification of the President under subsection (a), and 

24 the written justification under subsection (b), or appro25 priate parts thereof, may be transmitted in classified form. 
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1 SEC. 9. DETERMINATIONS EXEMPTING FOREIGN PERSONS 

2 FROM MANDATORY MEASURES. 

3 (a) WAIVER.—Any mandatory measure described in 

4 section 7 shall not apply with respect to a foreign person 

5 if the President transmits to the appropriate congressional 

6 committees a report that contains a determination of the 

7 President that—

8 (1) on the basis of information provided by that 

9 person or the foreign government having primary ju10 risdiction over the person, the person did not, on or 

11 after January 1, 2005, knowingly export to the Peo12 ple’s Republic of China the item the apparent export 

13 of which caused the person to be identified in a re14 port transmitted under section 3; or 

15 (2) the foreign government having primary ju16 risdiction over the person has entered into a written 

17 agreement with the United States which—

18 (A) is binding under international law; 

19 (B) prohibits further exports of any item 

20 described in paragraph (1), or subparagraph 

21 (A) or (B) of paragraph (2), of section 3(a) by 

22 any person subject to its jurisdiction; 

23 (C) is supported by the foreign govern24 ment’s adoption of policies and procedures pro25 viding for credible implementation of the re26 quirements in subparagraphs (A) and (B); 
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1 (D) does not constrain the President’s au2 thority to impose measures under this act in 

3 the event of a future export of concern by the 

4 same or other persons subject to the jurisdic5 tion of the foreign government party to the 

6 agreement; and 

7 (E) is submitted to the appropriate con8 gressional committees 30 days prior to its entry 

9 into force. 

10 (b) ADDITIONAL WAIVER.—Any mandatory measure 

11 described in section 7 shall not apply to a foreign person 

12 if the President determines that it is important to the 

13 counterterrorism, nonproliferation, or other national secu14 rity interests of the United States and transmits to the 

15 appropriate congressional committees a report in writing 

16 that contains such determination. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that the President should—

19 (1) strengthen international coordination and 

20 execution of arms export policy through the develop21 ment of bilateral and multilateral agreements under 

22 subsection (a)(2), particularly with member states of 

23 the North Atlantic Treaty Organization (NATO), 

24 Japan, Australia and New Zealand, and exercise the 
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1 waivers provided under this section in all appro2 priate instances that further this objective; and 

3 (2) whenever the President determines that the 

4 measures described in section 7 should be applied, 

5 that the measures be applied comprehensively with 

6 respect to the affected foreign person’s affiliates and 

7 subsidiaries, wherever located, in order to deter to 

8 the fullest extent possible a recurrence or continu9 ation of the export giving rise to the President’s de10 termination. 

11 (d) FORM.—If the President considers it appropriate, 

12 the determination and report of the President under sub13 section (a), or appropriate parts thereof, may be trans14 mitted in classified form. 

15 SEC. 10. DEFINITIONS. 

16 In this Act: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means—

20 (A) the Committee on International Rela21 tions and the Committee on Armed Services of 

22 the House of Representatives; and 

23 (B) the Committee on Foreign Relations 

24 and the Committee on Armed Services of the 

25 Senate. 
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1 (2) DEFENSE ARTICLES AND DEFENSE SERV2 ICES.—The term ‘‘defense articles and defense serv3 ices’’ has the meaning given the term in section 

4 47(7) of the Arms Export Control Act (22 U.S.C. 

5 2794 note). 

6 (3) DUAL USE.—The term ‘‘dual use’’ means, 

7 with respect to goods or technology, those goods or 

8 technology that are specifically designed or devel9 oped for civil purposes but which also may be used 

10 or deployed in a military or proliferation mode. Such 

11 term does not include purely commercial items. 

12 (4) EXPORT.—The term ‘‘export’’ has the 

13 meaning given that term in section 120.17 of the 

14 International Traffic in Arms Regulations, and in15 cludes re-exports, transfers, and retransfers by any 

16 means. 

17 (5) EXPORT ADMINISTRATION REGULATIONS.—

18 The term ‘‘Export Administration Regulations’’ 

19 means those regulations contained in sections 730 

20 through 774 of title 15, Code of Federal Regulations 

21 (or successor regulations). 

22 (6) FOREIGN GOVERNMENT.—The term ‘‘for23 eign government’’ has the meaning given the term in 

24 section 38(g)(9)(B) of the Arms Export Control Act 

25 (22 U.S.C. 2778(g)(9)(B)). 
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1 (7) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ has the meaning given the term in section 

3 38(g)(9)(C) of the Arms Export Control Act (22 

4 U.S.C. 2778(g)(9)(C)). 

5 (8) GOOD.—The term ‘‘good’’ has the meaning 

6 given the term in section 16(3) of the Export Ad7 ministration Act of 1979 (50 U.S.C. App. 2415(3)). 

8 (9) INTERNATIONAL TRAFFIC IN ARMS REGULA9 TIONS.—The term ‘‘International Traffic in Arms 

10 Regulations’’ means those regulations contained in 

11 sections 120 through 130 of title 22, Code of Fed12 eral Regulations (or successor regulations). 

13 (10) ITEM.—The term ‘‘item’’ means any good 

14 or technology, defense article or defense service sub15 ject to the export jurisdiction of the United States 

16 under law or regulation. 

17 (11) LICENSE.—The term ‘‘license’’ means an 

18 official written document of the United States Gov19 ernment issued pursuant to the Export Administra20 tion Regulations or the International Traffic in 

21 Arms Regulations, as the case may be, authorizing 

22 a specific export. 

23 (12) OTHER FORMS OF APPROVAL.—The term 

24 ‘‘other forms of approval’’ includes any authoriza-
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1 tion, rule or exemption contained in any statute or 

2 regulation that permits an export without a license. 

3 (13) OWNERSHIP OR CONTROL.—The term 

4 ‘‘ownership or control’’ has the meaning given the 

5 term in section 122.2(c) of the International Traffic 

6 in Arms Regulations. 

7 (14) PERSON.—The term ‘‘person’’ has the 

8 meaning given the term in section 38(g)(9)(E) of 

9 the Arms Export Control Act (22 U.S.C. 

10 2778(g)(9)(E)). 

11 (15) TECHNOLOGY.—The term ‘‘technology’’ 

12 has the meaning given the term in section 16(4) of 

13 the Export Administration Act of 1979 (50 U.S.C. 

14 App. 2415(4)). 

15 (16) UNITED STATES MUNITIONS LIST.—The 

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

17 referred to in section 38(a)(1) of the Arms Export 

18 Control Act (22 U.S.C. 2778(a)(1)). 

Union Calendar No. 102

109TH CONGRESS 

1ST SESSION H. R. 3100

[Report No. 109–165] 

A BILL

To authorize measures to deter arms transfers by 

foreign countries to the People’s Republic of China. 

JULY 12, 2005

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed