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108th CONGRESS
1st Session
H. R. 55
To provide authority to control exports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Dreier (for himself and Mr. Menendez) introduced the following
bill; which was referred to the Committee on International Relations
_______________________________________________________________________
A BILL
To provide authority to control exports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export
Administration Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GENERAL AUTHORITY
Sec. 101. Commerce Control List.
Sec. 102. Delegation of authority.
Sec. 103. Public information; consultation requirements.
Sec. 104. Right of export.
Sec. 105. Export control advisory committees.
Sec. 106. President's Technology Export Council.
Sec. 107. Prohibition on charging fees.
TITLE II--NATIONAL SECURITY EXPORT CONTROLS
Subtitle A--Authority and Procedures
Sec. 201. Authority for national security export controls.
Sec. 202. National Security Control List.
Sec. 203. Country tiers.
Sec. 204. Incorporated parts and components.
Sec. 205. Petition process for modifying export status.
Subtitle B--Foreign Availability and Mass-Market Status
Sec. 211. Determination of foreign availability and mass-market status.
Sec. 212. Presidential set-aside of foreign availability status
determination.
Sec. 213. Presidential set-aside of mass-market status determination.
Sec. 214. Office of Technology Evaluation.
TITLE III--FOREIGN POLICY EXPORT CONTROLS
Sec. 301. Authority for foreign policy export controls.
Sec. 302. Procedures for imposing controls.
Sec. 303. Criteria for foreign policy export controls.
Sec. 304. Presidential report before imposition of control.
Sec. 305. Imposition of controls.
Sec. 306. Deferral authority.
Sec. 307. Review, renewal, and termination.
Sec. 308. Termination of controls under this title.
Sec. 309. Compliance with international obligations.
Sec. 310. Designation of countries supporting international terrorism.
Sec. 311. Crime control instruments.
TITLE IV--PROCEDURES FOR EXPORT LICENSES AND INTERAGENCY DISPUTE
RESOLUTION
Sec. 401. Export license procedures.
Sec. 402. Interagency dispute resolution process.
TITLE V--INTERNATIONAL ARRANGEMENTS; FOREIGN BOYCOTTS; SANCTIONS; AND
ENFORCEMENT
Sec. 501. International arrangements.
Sec. 502. Foreign boycotts.
Sec. 503. Penalties.
Sec. 504. Missile proliferation control violations.
Sec. 505. Chemical and biological weapons proliferation sanctions.
Sec. 506. Enforcement.
Sec. 507. Administrative procedure.
TITLE VI--EXPORT CONTROL AUTHORITY AND REGULATIONS
Sec. 601. Export control authority and regulations.
Sec. 602. Confidentiality of information.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Annual report.
Sec. 702. Technical and conforming amendments.
Sec. 703. Savings provisions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affiliate.--The term ``affiliate'' includes both
governmental entities and commercial entities that are
controlled in fact by the government of a country.
(2) Control or controlled.--The terms ``control'' and
``controlled'' mean any requirement, condition, authorization,
or prohibition on the export or reexport of an item.
(3) Control list.--The term ``Control List'' means the
Commerce Control List established under section 101.
(4) Controlled country.--The term ``controlled country''
means a country with respect to which exports are controlled
under section 201 or 301.
(5) Controlled item.--The term ``controlled item'' means an
item the export of which is controlled under this Act.
(6) Country.--The term ``country'' means a sovereign
country or an autonomous customs territory.
(7) Country supporting international terrorism.--The term
``country supporting international terrorism'' means a country
designated by the Secretary of State pursuant to section 310.
(8) Department.--The term ``Department'' means the
Department of Commerce.
(9) Export.--
(A) The term ``export'' means--
(i) an actual shipment, transfer, or
transmission of an item out of the United
States;
(ii) a transfer to any person of an item
either within the United States or outside of
the United States with the knowledge or intent
that the item will be shipped, transferred, or
transmitted to an unauthorized recipient
outside the United States; or
(iii) a transfer of an item in the United
States to an embassy or affiliate of a country,
which shall be considered an export to that
country.
(B) The term includes a reexport.
(10) Foreign availability status.--The term ``foreign
availability status'' means the status described in section
211(d)(1).
(11) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not--
(i) a United States citizen;
(ii) an alien lawfully admitted for
permanent residence to the United States; or
(iii) a protected individual as defined in
section 274B(a)(3) of the Immigration and
Nationality Act. (8 U.S.C. 1324b(a)(3));
(B) any corporation, partnership, business
association, society, trust, organization, or other
nongovernmental entity created or organized under the
laws of a foreign country or that has its principal
place of business outside the United States; and
(C) any governmental entity of a foreign country.
(12) Item.--
(A) In general.--The term ``item'' means any good,
technology, or service.
(B) Other definitions.--In this paragraph:
(i) Good.--The term ``good'' means any
article, natural or manmade substance,
material, supply or manufactured product,
including inspection and test equipment,
including source code, and excluding technical
data.
(ii) Technology.--The term ``technology''
means specific information that is necessary
for the development, production, or use of an
item, and takes the form of technical data or
technical assistance.
(iii) Service.--The term ``service'' means
any act of assistance, help or aid.
(13) Mass-market status.--The term ``mass-market status''
means the status described in section 211(d)(2).
(14) Multilateral export control regime.--The term
``multilateral export control regime'' means an international
agreement or arrangement among two or more countries, including
the United States, a purpose of which is to coordinate national
export control policies of its members regarding certain terms.
The term includes regimes such as the Australia Group, the
Wassenaar Arrangement, the Missile Technology Control Regime
(MTCR), and the Nuclear Suppliers' Group Dual Use Arrangement.
(15) National security control list.--The term ``National
Security Control List'' means the list established under
section 202(a).
(16) Person.--The term ``person'' includes--
(A) any individual, or partnership, corporation,
business association, society, trust, organization, or
any other group created or organized under the laws of
a country; and
(B) any government, or any governmental entity,
including any governmental entity operating as a
business enterprise.
(17) Reexport.--The term ``reexport'' means the shipment,
transfer, transshipment, or diversion of items from one foreign
country to another.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(19) United states.--The term ``United States'' means the
States of the United States, the District of Columbia, and any
commonwealth, territory, dependency, or possession of the
United States, and includes the outer Continental Shelf, as
defined in section 2(a) of the Outer Continental Shelf Lands
Act (42 U.S.C. 1331(a)).
(20) United states person.--The term ``United States
person'' means--
(A) any United States citizen, resident, or
national (other than an individual resident outside the
United States who is employed by a person other than a
United States person);
(B) any domestic concern (including any permanent
domestic establishment of any foreign concern); and
(C) any foreign subsidiary or affiliate (including
any permanent foreign establishment) of any domestic
concern which is controlled in fact by such domestic
concern, as determined under regulations prescribed by
the President.
TITLE I--GENERAL AUTHORITY
SEC. 101. COMMERCE CONTROL LIST.
(a) In General.--Under such conditions as the Secretary may impose,
consistent with the provisions of this Act, the Secretary--
(1) shall establish and maintain a Commerce Control List
(in this Act referred to as the ``Control List'') consisting of
items the export of which are subject to licensing or other
authorization or requirement; and
(2) may require any type of license, or other
authorization, including recordkeeping and reporting,
appropriate to the effective and efficient implementation of
this Act with respect to the export of an item on the Control
List or otherwise subject to control under title II or III of
this Act.
(b) Types of License or Other Authorization.--The types of license
or other authorization referred to in subsection (a)(2) include the
following:
(1) Specific exports.--A license that authorizes a specific
export.
(2) Multiple exports.--A license that authorizes multiple
exports in lieu of a license for each export.
(3) Notification in lieu of license.--A notification in
lieu of a license that authorizes a specific export or multiple
exports subject to the condition that the exporter file with
the Department advance notification of the intent to export in
accordance with regulations prescribed by the Secretary.
(4) License exception.--Authority to export an item on the
Control List without prior license or notification in lieu of a
license.
(c) After-Market Service and Replacement Parts.--A license to
export an item under this Act shall not be required for an exporter to
provide after-market service or replacement parts in order to replace
on a one-for-one basis parts that were in an item that was lawfully
exported from the United States, unless--
(1) the Secretary determines that such license is required
to export such parts; or
(2) the after-market service or replacement parts would
materially enhance the capability of an item which was the
basis for the item being controlled.
(d) Incidental Technology.--A license or other authorization to
export an item under this Act includes authorization to export
technology related to the item, if the level of the technology does not
exceed the minimum necessary to install, repair, maintain, inspect,
operate, or use the item.
(e) Regulations.--The Secretary may prescribe such regulations as
are necessary to carry out the provisions of this Act.
SEC. 102. DELEGATION OF AUTHORITY.
(a) In General.--Except as provided in subsection (b) and subject
to the provisions of this Act, the President may delegate the power,
authority, and discretion conferred upon the President by this Act to
such departments, agencies, and officials of the Government as the
President considers appropriate.
(b) Exceptions.--
(1) Delegation to appointees confirmed by senate.--No
authority delegated to the President under this Act may be
delegated by the President to, or exercised by, any official of
any department or agency the head of which is not appointed by
the President, by and with the advice and consent of the
Senate.
(2) Other limitations.--The President may not delegate or
transfer the President's power, authority, or discretion to
overrule or modify any recommendation or decision made by the
Secretary, the Secretary of Defense, or the Secretary of State
under this Act.
SEC. 103. PUBLIC INFORMATION; CONSULTATION REQUIREMENTS.
(a) Public Information.--The Secretary shall keep the public fully
informed of changes in export control policy and procedures instituted
in conformity with this Act.
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