I
106TH CONGRESS
2D SESSION
H. R. 4417
To provide that the Secretary of Commerce have control over exports of
satellites and related items, to provide certain procedures for exports
of satellites and related items to the People’s Republic of China, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 2000
Mr. GEJDENSON (for himself, Mr. GOODLATTE, Mr. MENENDEZ, Mr. MAN-
ZULLO, Mr. BERMAN, Mr. ACKERMAN, and Mr. WEXLER) introduced the
following bill; which was referred to the Committee on International Rela-
tions, and in addition to the Committee on Armed Services, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide that the Secretary of Commerce have control
over exports of satellites and related items, to provide
certain procedures for exports of satellites and related
items to the People’s Republic of China, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Satellite Exports With
Security Act of 2000’’.
SEC. 2. EXPORT CONTROLS ON SATELLITES AND RELATED
ITEMS.
(a) CONTROL
OF
SATELLITES
AND
RELATED
ITEMS.—Notwithstanding any other provision of law, all
satellites and related items that were on the Commerce
Control List of dual-use items in the Export Administra-
tion Regulations (15 CFR part 730 et seq.) on October
16, 1998, and any other dual-use communications sat-
ellites and related items shall be controlled under the Ex-
port Administration Act of 1979, as continued in effect
under the International Emergency Economic Powers Act.
(b) PROCEDURES FOR EXPORTS TO THE PEOPLE’S
REPUBLIC OF CHINA.—The export of satellites and re-
lated items intended for launch from a launch vehicle in
or owned by the People’s Republic of China shall be sub-
ject to the following:
(1) Except in the case of an export under para-
graph (3), if the Secretary of Commerce decides to
approve any proposed export of satellites and related
items intended for launch from a launch vehicle in
or owned by the People’s Republic of China, the Sec-
retary shall refer the proposed export to the Sec-
retary of Defense, who shall, not later than 20 days
after the referral, notify the Secretary of Commerce
of the approval or disapproval by the Secretary of
Defense of the proposed export. If the Secretary of
Commerce and the Secretary of Defense disagree
over approving or disapproving the proposed export,
either Secretary may refer the matter to the Presi-
dent for resolution. If the Secretary of Defense fails
to notify the Secretary of Commerce with respect to
the proposed export within that 20-day period, the
Secretary of Commerce shall take action on the pro-
posed export without the decision of the Secretary of
Defense.
(2) If a proposed export is referred to the
President under paragraph (1), the President shall,
within 20 days after the referral, determine whether
to approve or disapprove the proposed export and
notify the Secretary of Commerce of the President’s
determination. The Secretary shall approve or dis-
approve the proposed export in accordance with the
President’s determination.
(3) In the case of the proposed export of any
satellite or related items otherwise subject to para-
graph (1) that contain the identical technology to
that approved under this subsection in a prior export
to the same end user for the same end use, the sat-
ellite or related items may be exported if the ex-
porter notifies the Secretary of Commerce of the ex-
port at least 15 days before the export, and if the
export is not disapproved within that 15-day period.
(c) RELATED ITEMS DEFINED.—In this section, the
term ‘‘related items’’ means the satellite fuel, ground sup-
port equipment, test equipment, payload adapter or inter-
face hardware, replacement parts, and nonembedded solid
propellant orbit transfer engines described in the report
submitted to Congress by the Department of State on
February 6, 1998, pursuant to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)).
(d) CONFORMING AMENDMENTS.—
(1)(A) Section 1513(a) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year
1999 (22 U.S.C. 2778 note) is repealed.
(B) Section 1513(c) of that Act is amended by
striking ‘‘(1) Subsection (a)’’ and all that follows
through ‘‘(2)’’.
(2)(A) Section 1404 of the National Defense
Authorization Act for Fiscal Year 2000 (22 U.S.C.
2778 note) is amended in the matter preceding
paragraph (1) by striking ‘‘Secretary of State’’ and
inserting ‘‘Secretary of Commerce’’.
(B) Section 1410 of that Act, and the item re-
lating to that section in the table of contents of that
Act, are repealed.
(C) Section 1411(a) of that Act is amended by
striking ‘‘Secretary of State and Secretary of De-
fense, as appropriate,’’ and inserting ‘‘Secretary of
Defense’’.
(3)(A) Section 1309 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Author-
ization Act, Fiscal Years 2000 and 2001 (as enacted
by Public Law 106-113; 113 Stat. 1501A-460) is
amended—
(i) by amending the section heading to
read as follows:
‘‘SEC. 1309. OFFICE OF DEFENSE TRADE CONTROLS.’’;
(ii) by striking subsections (a) and (c); and
(iii) in subsection (b), by striking ‘‘(b) FI-
NANCIAL AND PERSONNEL RESOURCES.—’’.
(B) The table of contents of that Act is amend-
ed by striking the item relating to section 1309 and
inserting the following:
‘‘Sec. 1309. Office of Defense Trade Controls.’’.
SEC. 3. MONITORING OF LAUNCHES.
Section 1514(a)(2) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (22
U.S.C. 2778 note) is amended—
(1) in the first sentence of subparagraph (A)—
(A) by striking ‘‘a foreign country’’ and in-
serting ‘‘the People’s Republic, and in the event
of the failure of a launch from a foreign coun-
try’’; and
(B) by inserting ‘‘or failure (as the case
may be)’’ after ‘‘all aspects of the launch’’; and
(2) in subparagraph (B), in the matter pre-
ceding clause (i), by inserting ‘‘of a launch’’ after
‘‘monitoring’’.
SEC. 4. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall take effect on the date of the enact-
ment of this Act, and shall apply to any export license
application made under the Arms Export Control Act be-
fore such date of enactment which is pending on such
date, and to any export license application made on or
after such date.
(b) TRANSFER OF PENDING APPLICATIONS.—Any
export license application made under the Arms Export
Control Act before the date of the enactment of this Act,
to which section 1(a) applies and which is pending on such
date of enactment, shall be transferred to the Department
of Commerce upon the enactment of this Act.
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