II 

112TH CONGRESS 

2D SESSION S. 3211 

To authorize the President to determine the appropriate export controls 

of satellites and related items based on the national security and foreign 

policy objectives of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2012 

Mr. BENNET introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To authorize the President to determine the appropriate export controls of satellites and related items based on 

the national security and foreign policy objectives of the 

United States, 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 ‘‘Safeguarding United 

5 States Satellite Leadership and Security Act of 2012’’. 


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•S 3211 IS

1 SEC. 2. AUTHORITY TO DETERMINE APPROPRIATE EXPORT 

2 CONTROLS FOR SATELLITES AND RELATED 

3 ITEMS. 

4 Notwithstanding any other provision of law, the 

5 President is authorized to determine the appropriate ex6 port controls of satellites and related items and transfer 

7 such items based on national security and foreign policy 

8 objectives from the jurisdiction of the International Traf9 fic in Arms Regulations (22 C.F.R. part 120 et seq.) to 

10 the Export Administration Regulations (15 C.F.R. part 

11 730 et seq.), consistent with the procedures in section 

12 38(f) of the Arms Export Control Act (22 U.S.C. 

13 2778(f)). 

14 SEC. 3. PROHIBITION ON TRANSFERS TO THE PEOPLE’S RE15 PUBLIC OF CHINA. 

16 No satellite or related item made subject to the juris17 diction of the Export Administration Regulations pursu18 ant to section 2 may be transferred, directly or indirectly, 

19 to the Government of the People’s Republic of China or 

20 any entity or person in or acting for or on behalf of the 

21 People’s Republic of China or launched in the People’s Re22 public of China or as part of a launch vehicle owned, oper23 ated, or manufactured by the Government of the People’s 

24 Republic of China. 


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•S 3211 IS

1 SEC. 4. PROHIBITION ON TRANSFERS TO STATE SPONSORS 

2 OF TERRORISM AND NORTH KOREA. 

3 No satellite or related item made subject to the juris4 diction of the Export Administration Regulations pursu5 ant to section 2 may be transferred, directly or indirectly, 

6 to— 

7 (1) North Korea, Cuba, Iran, Sudan, Syria, or 

8 any country that is designated by the Secretary of 

9 State as supporting international terrorism under 

10 section 6 of the Export Administration Act (50 

11 U.S.C. App. 2405(j) (as continued in effect pursuant 

12 to the International Emergency Economic Powers 

13 Act; 50 U.S.C. 1701 et seq.)), section 40 of the 

14 Arms Export Control Act (22 U.S.C. 2780), or sec15 tion 620A of the Foreign Assistance Act of 1961 (22 

16 U.S.C. 2371); 

17 (2) any entity or person in or acting for or on 

18 behalf of such a country; or 

19 (3) as part of a launch vehicle owned, operated, 

20 or manufactured by the government of such a coun21 try. 

22 SEC. 5. RULE OF CONSTRUCTION REGARDING PRESI23 DENTIAL WAIVER AUTHORITY. 

24 Nothing in this Act shall be construed as removing 

25 or limiting the waiver authority of the President under 

26 part 126 of the International Traffic in Arms Regulations 


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•S 3211 IS

1 (22 C.F.R. part 126), as in effect on the date of the enact2 ment of this Act. 

3 SEC. 6. RULE OF CONSTRUCTION REGARDING SPECIAL EX4 PORT CONTROL AUTHORITIES. 

5 Nothing in this Act shall be construed as removing 

6 or limiting existing authorities of the President under sec7 tion 1514 (a) and (b) of the Strom Thurmond National 

8 Defense Authorization Act for Fiscal Year 1999 (Public 

9 Law 105–261; 22 U.S.C. 2778 note) with respect to de10 fense articles that remain subject to the jurisdiction of the 

11 International Traffic in Arms Regulations or to otherwise 

12 take such actions as are necessary to implement require13 ments for improving national security controls in the ex14 port licensing of satellites, launch vehicles, and related 

15 items. 

Æ 


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