all matters to be addressed in each review conducted
under this subsection.’’.
SEC. 3. DE MINIMIS DECONTROL OF COMPUTER SYSTEMS.
Section 4 of the Export Administration Act of 1979
is amended by adding at the end the following new sub-
section:
‘‘(i) REMOVAL OF CONTROLS ON COMPUTER SYS-
TEMS VALUED AT LESS THAN $5,000.—
‘‘(1) IN GENERAL.—No validated license shall
be required under this Act for the export or reexport
to any controlled country of any digital computer
having a net value of less than $5,000.
‘‘(2) DEFINITION OF NET VALUE.—As used in
paragraph (1), the ‘net value’ of a digital computer
means the actual selling price of the computer, less
transport charges, to the customer abroad, or the
current market price of the computer to the same
type of customer in the United States.
‘‘(3) NO QUANTITY LIMIT.—No limit may be
placed under this Act on the number of computer
systems to which paragraph (1) applies that may be
exported or reexported at any one time or on the
number of shipments of such computer systems to
any controlled country or end-user in a controlled
country.’’
SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIP-
MENT.
Section 4 of the Export Administration Act of 1979
is amended by adding at the end the following new sub-
section:
‘‘(j) REMOVAL
OF CONTROLS
ON MASS-MARKET
COMPUTER EQUIPMENT.—
‘‘(1) MASS-MARKET COMPUTER EQUIPMENT DE-
FINED.—For purposes of this subsection, the term
‘mass-market computer equipment’ means any com-
puter system, computer networking equipment, pe-
ripheral to a computer system, part or subassembly
of a computer system, or combination thereof, on
which export controls are in effect under this Act,
and which will have been installed for end-use out-
side the United States in a quantity exceeding
100,000 units over a 12-month period, as deter-
mined under paragraph (2).
‘‘(2) ANTICIPATORY REVIEW OF MASS-MARKET
COMPUTER EQUIPMENT.—Not later than—
‘‘(A) 6 months after the date of the enact-
ment of this subsection, and
‘‘(B) the end of each 1-year period occur-
ring thereafter,
the Secretary shall, in consultation with the Com-
puter Systems Technical Advisory Committee (or
successor technical advisory committee), industry
groups, and computer equipment producers, identify
those items (including computer systems differen-
tiated in terms of Composite Theoretical Perform-
ance) that will be installed for end-use outside the
United States in a quantity exceeding 100,000 units
during the 12-month period beginning on the appli-
cable date described in subparagraph (A) or (B). Es-
timates of numbers of items installed shall be based
on reliable estimates provided by producers of such
items.
‘‘(3) ACTION BY THE SECRETARY.—Not later
than 30 days after an item is determined by the Sec-
retary under paragraph (2) to be mass-market com-
puter equipment, the Secretary shall either—
‘‘(A) eliminate export controls on such
equipment and publish a notice of such action
in the Federal Register; or
‘‘(B) in the case of an item controlled
under the terms of an export control regime in
which the United States participates with 1 or
more other countries, propose the elimination of
controls on such equipment in accordance with
the procedures of the appropriate regime and
publish a notice of such proposal in the Federal
Register.’’.
SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS.
Section 4 of the Export Administration Act of 1979
is amended by adding at the end the following new sub-
section:
‘‘(k) IDENTIFICATION
OF
PROLIFERATION
END-
USERS.—
‘‘(1) PROLIFERATION
END-USER
DEFINED.—
For purposes of this subsection, the term ‘prolifera-
tion end-user’ means any entity that is engaged, di-
rectly or indirectly, in the design, development, or
production of nuclear, chemical, or biological weap-
ons or missiles and is located in a country that is
not party to a bilateral or multilateral agreement the
purpose of which is to limit the spread of such weap-
ons and activities and to which the United States is
a party.
‘‘(2) PUBLICATION
OF
PROLIFERATION
END-
USERS.—The Secretary shall, within 10 days after
communicating to any United States exporter (in-
cluding by denying an export license to such ex-
porter) that any entity has been identified as a pro-
liferation end-user, publish in the Federal Register
the name and specific validated license requirements
for exports to such proliferation end-user. If such
publication is not made, such entity shall be deemed
not to be a proliferation end-user and exports or re-
exports to such entity shall not require an individual
validated license solely because of activities described
in paragraph (1).
‘‘(3) CUSTOMER
SCREENING.—The Secretary
shall not require, as a condition of granting any gen-
eral or validated license for the export of goods or
technology to any end-user in a country, that infor-
mation by the export license applicant be provided
regarding activities described in paragraph (1) by
such end-user, unless—
‘‘(A) the Secretary has identified such
country as engaged in the design, development,
or production of nuclear, chemical, or biological
weapons or missiles; or
‘‘(B) the Secretary has determined that
there is a specific risk that the exports will be
diverted to a country for use in activities de-
scribed in subparagraph (A).’’.
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