Text: H.R.3489 — 102nd Congress (1991-1992)All Information (Except Text)

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Union Calendar No. 159
102d CONGRESS
1st Session
H. R. 3489
[Report No. 102-267]
A BILL
To reauthorize the Export Administration Act of 1979, and for other purposes.
October 23, 1991
Reported with an amendment, committed to the  Committee of the Whole House
on the State of the Union, and ordered to be printed
HR 3489 RH
Union Calendar No. 159
102d CONGRESS
1st Session
 H. R. 3489
[Report No. 102-267]
To reauthorize the Export Administration Act of 1979, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 3, 1991
Mr. GEJDENSON (for himself, Mr. FASCELL, Mr. ROTH, Mr. LEVINE of California,
Mr. FEIGHAN, Mr. JOHNSTON of Florida, Mr. ENGEL, Mr. MURPHY, Mr. ORTON,
Mr. MILLER of Washington, and Mr. HOUGHTON) introduced the following bill;
which was referred to the Committee on Foreign Affairs
October 23, 1991
Additional sponsors: Mr. HAMILTON, Mr. YATRON, Mr. SOLARZ, Mr. WOLPE,
Mr. LANTOS, Mr. BERMAN, Mr. WEISS, Mr. ACKERMAN, Mr. OWENS of Utah,
Mr. FOGLIETTA, Mr. MCCLOSKEY, and Mr. Leach
October 23, 1991
Reported with an amendment, committed to the  Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
3, 1991]
A BILL
To reauthorize the Export Administration Act of 1979, 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 `Omnibus Export Amendments
  Act of 1991'.
  (b) TABLE OF CONTENTS-
TITLE I--EXPORT ADMINISTRATION ACT AMENDMENTS
Sec. 101. Short title; reference.
Sec. 102. Types of licenses; control list.
Sec. 103. Exports to COCOM.
Sec. 104. Reexports and supercomputer exports.
Sec. 105. Statement of policy toward countries representing a lesser
strategic threat.
Sec. 106. East-West decontrol.
Sec. 107. Commodity jurisdiction.
Sec. 108. Controls on telecommunications.
Sec. 109. Exports subject to national discretion and favorable consideration.
Sec. 110. Statement of policy for general exception cases.
Sec. 111. Control list review.
Sec. 112. Unilateral controls.
Sec. 113. Trade shows.
Sec. 114. Exports of related technical data.
Sec. 115. Indexing procedures.
Sec. 116. Negotiations with other countries; Department of Commerce
representative.
Sec. 117. Removal of section 5(k) designation.
Sec. 118. Notification of COCOM actions.
Sec. 119. Terrorist countries.
Sec. 120. Criminal and civil penalties.
Sec. 121. Policy toward countries receiving licensing benefits.
Sec. 122. Enforcement authority.
Sec. 123. Judicial and administrative review.
Sec. 124. Policy toward the People's Republic of China.
Sec. 125. Export of satellites for launch by People's Republic of China.
Sec. 126. Exports to the Soviet Union.
Sec. 127. Authorization of appropriations.
Sec. 128. Extension of the Act.
Sec. 129. Technical amendments.
TITLE II--EXPORT PROMOTION
Sec. 201. United States and Foreign Commercial Service.
Sec. 202. Qualifications for market development cooperative program.
Sec. 203. Country reports on trade practices.
Sec. 204. Report on export policy.
Sec. 205. Trade Policy Coordinating Committee.
Sec. 206. Report on export promotion.
Sec. 207. Export promotion authorization.
TITLE III--NUCLEAR NONPROLIFERATION
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Restrictions on nuclear exports.
Sec. 304. Negotiations.
Sec. 305. Reports to Congress.
TITLE IV--ECONOMIC COOPERATION PROJECTS IN CHINA AND TIBET
Sec. 401. Statement of principles.
Sec. 402. Registration requirement.
Sec. 403. Reporting requirement.
Sec. 404. Definitions.
Sec. 405. Enforcement of current law.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Soviet military assistance to Cuba.
Sec. 502. Attacks against Israelis and illegal activities in the United States.
TITLE I--EXPORT ADMINISTRATION ACT AMENDMENTS
SEC. 101. SHORT TITLE; REFERENCE.
  (a) SHORT TITLE- This title may be cited as the `Export Administration
  Act Amendments of 1991'.
  (b) REFERENCE TO THE EXPORT ADMINISTRATION ACT OF 1979- Except as otherwise
  specifically provided, whenever in this title a section or other provision
  is amended or repealed, such amendment or repeal shall be considered to
  be made to that section or other provision of the Export Administration
  Act of 1979 (50 U.S.C. App. 2401 and following).
SEC. 102. TYPES OF LICENSES; CONTROL LIST.
  (a) TYPES OF LICENSES- Section 4(a)(2) (50 U.S.C. App. 2403(a)(2))
  is amended--
  (1) in subparagraph (A)--
  (A) in the first sentence by striking `in countries' and all that follows
  through `China'; and
  (B) in the second sentence by striking `controlled countries' and inserting
  `an unauthorized use or consignee'; and
  (2) in subparagraph (B) in the first sentence by striking `are located in
  countries other than controlled countries (except the People's Republic
  of China),'.
  (b) CONTROL LIST- Section 4(b) (50 U.S.C. App. 2403(b)) is amended by
  adding at the end the following: `Not later than 6 months after the date
  of the enactment of the Export Administration Act Amendments of 1991, the
  Secretary shall modify each item on the control list as necessary to specify
  with particularity the performance and other identifying characteristics
  of any technical data that is subject to export controls under section 5,
  export controls under section 6, or export controls pursuant to section
  309(c) of the Nuclear Non-Proliferation Act of 1978.'.
SEC. 103. EXPORTS TO COCOM.
  Section 5(a)(4) (50 U.S.C. App. 2404(a)(4)) is amended--
  (1) in subparagraph (A) by striking `No' and inserting `Subject to
  subparagraphs (C) and (D), no'; and
  (2) by adding at the end the following:
  `(C) Notwithstanding any other provision of law (except for section 6(l)
  of this Act), but subject to subparagraph (D), no authority or permission
  may, effective not later than December 31, 1991, be required under this
  Act for the export or reexport of goods or technology to or from a country
  which maintains export controls on such goods or technology cooperatively
  with the United States pursuant to the agreement with the Coordinating
  Committee or pursuant to an agreement described in subsection (k)(1).
  `(D)(i) Notwithstanding subparagraph (C), the Secretary, in consultation
  with the Secretary of Defense, the Secretary of State, and the Secretary
  of Energy, may require authority or permission to export or reexport goods
  or technology, which are otherwise eligible for export or re-export under
  subparagraph (C), in the case of--
  `(I) exports to such unreliable end users as the Secretary may specify by
  regulation; or
  `(II) any reexport to a country other than a country described in
  subparagraph (A) of goods or technology identified under subparagraph (B).
  `(ii) Notwithstanding subparagraph (C), the Secretary may require authority
  or permission to export or reexport goods or technology pursuant to special
  multilateral control arrangements agreed to unanimously by the Coordinating
  Committee, if all countries in which the goods or technology are produced
  agree to equivalent measurement parameters, performance capabilities,
  and licensing and other requirements. The Secretary shall notify the
  Congress at least 30 days before the United States proposes such control
  arrangements to the Coordinating Committee, and not more than 30 days
  after such control arrangements are agreed to by the Coordinating Committee.
  `(iii) If the Secretary, in consultation with the Secretary of State,
  determines that a country referred to in subparagraph (A) is engaging in a
  pattern and practice of noncompliance with the agreement of the Coordinating
  Committee or other applicable agreement, the Secretary shall, during the
  period in which that determination is in effect, and to the extent determined
  by the Secretary, require authority or permission to export or reexport
  goods or technology to that country, and to reexport goods or technology
  from that country. Any such determination shall not take effect until 30
  days after the Secretary of State notifies the Coordinating Committee of the
  determination and requests the cooperation of the Coordinating Committee
  in imposing comparable export controls. The Secretary shall review each
  determination made under this clause at least once in each 1-year period
  for the purpose of determining whether the country involved continues
  to engage in a pattern and practice of noncompliance with the applicable
  agreement. In making a determination under this clause, the Secretary shall
  consider whether the country involved has adopted the following measures:
  `(I) national laws providing appropriate civil and criminal penalties and
  statutes of limitations sufficient to deter potential violations;
  `(II) a program to evaluate export license applications that includes
  sufficient technical expertise to assess the licensing status of exports
  and ensure the reliability of end users;
  `(III) an enforcement mechanism that provides authority for trained
  enforcement officers to investigate and prevent illegal exports;
  `(IV) a system of export control documentation to verify the movement of
  goods and technology; and
  `(V) procedures for the coordination and exchange of information concerning
  violations of the agreement of the Coordinating Committee or other
  applicable agreement.
The provisions of section 10(o) apply to exports for which licenses are
required under this section.'.
SEC. 104. REEXPORTS AND SUPERCOMPUTER EXPORTS.
  (a) REEXPORTS OF TECHNOLOGY- Section 5(a)(5) is amended--
  (1) in subparagraph (A) by striking `(B)' and inserting `(C)';
  (2) in subparagraph (B)--
  (A) by redesignating such subparagraph as subparagraph (C); and
  (B) by striking `subparagraph (A)' and inserting `subparagraphs (A) and
  (B)'; and
  (3) by inserting after subparagraph (A) the following:
  `(B) Except as provided in subparagraph (C), no authority or permission
  may be required under this section to reexport technology subject to the
  jurisdiction of the United States from any country when the technology to
  be reexported is incorporated in other technology and--
  `(i) the value of the technology subject to the jurisdiction of the United
  States that is incorporated in that other technology and, at the time
  of the reexport, would, if exported from the United States, require a
  validated license, is 25 percent or less of the total value of that other
  technology; or
  `(ii) the export to a controlled country of the technology subject to the
  jurisdiction of the United States would require only notification of the
  participating governments of the Coordinating Committee.'.
  (b) SUPERCOMPUTER EXPORTS AND REEXPORTS- Section 5(a) (50 U.S.C. 2404(a))
  is amended by adding at the end the following:
  `(7)(A) With respect to the definition of `supercomputer' under paragraph
  (6)(A), the Secretary shall, not later than 6 months after the date of the
  enactment of the Export Administration Act Amendments of 1991, publish in
  the Federal Register a performance-based indexing system in order to ensure
  that such definition and all controls and security safeguard procedures on
  supercomputer exports and reexports are commensurate with technological
  advances in the supercomputer industry. Such indexing system shall be
  based upon a provision that for destinations in any country (other than a
  controlled country) that is a party to and, as determined by the President,
  is adhering to, the Treaty on the Non-Proliferation of Nuclear Weapons
  (done at Washington, London, and Moscow on July 1, 1968) or the Treaty
  for the Prohibition of Nuclear Weapons in Latin America (done at Mexico
  on February 14, 1967), no security safeguard procedures may be required in
  connection with any export or reexport of a supercomputer with a theoretical
  peak performance at or below approximately 25 percent of the theoretical
  peak performance of the average of the two most powerful supercomputers
  currently available commercially in the United States or elsewhere.
  `(B) Before publishing the performance-based indexing system under
  subparagraph (A), the Secretary shall seek the views of the appropriate
  technical advisory committees appointed under subsection (h) and other
  interested parties. Not later than 2 weeks after publication of such
  system in the Federal Register, the Secretary shall submit a written
  report to the Committee on Foreign Affairs of the House of Representatives
  and the Committee on Banking, Housing, and Urban Affairs of the Senate,
  that includes--
  `(i) the text of the Federal Register notice,
  `(ii) a summary of the views expressed by the technical advisory committees
  and other interested parties with respect to the performance-based indexing
  system, and
  `(iii) a description of how the performance-based indexing system addresses
  the views of the technical advisory committees and other interested parties.
  `(C) For purposes of this paragraph, the term `security safeguard procedures'
  means procedures that are required by the Department of Commerce, as
  a condition of an authorization to export or reexport a supercomputer,
  primarily to restrict access to and resale of such supercomputer.'.
SEC. 105. STATEMENT OF POLICY TOWARD COUNTRIES REPRESENTING A LESSER
STRATEGIC THREAT.
  (a) IN GENERAL- Section 5(b)(2) (50 U.S.C. App. 2404(b)(2)) is amended to
  read as follows:
  `(2)(A) It is the policy of the United States that licensing treatment of
  a country on the list of controlled countries maintained by the President
  pursuant to paragraph (1) should be revised in any case in which that
  country--
  `(i) represents a lesser strategic threat; and
  `(ii) accomplishes the following:
  `(I) implements an effective export control system, including enactment
  of legislation controlling shipment to controlled countries of goods and
  technology subject to controls under agreement of the group known as the
  Coordinating Committee to such countries and imposing effective penalties
  to deter violation of its export controls;
  `(II) adopts technology security arrangements, including end-use assurances
  and on-site inspection and verification; and
  `(III) terminates governmental policies and intelligence cooperation with
  other controlled countries relating to illegal acquisition and diversion
  of controlled technology.
  `(B) The revision of controls necessary to implement the policy set forth
  in subparagraph (A) shall include the following:
  `(i) When the Secretary, in consultation with the Secretary of State
  and the Secretary of Defense, determines that any country agreed to in
  the Coordinating Committee High Level Meeting of June 6 and 7, 1990, any
  other country that the Coordinating Committee may designate, or any other
  country, has taken the necessary steps to implement the criteria set forth
  in subparagraph (A), the Secretary of State should propose the adoption
  by the Coordinating Committee of the special procedure for favorable
  consideration of exports to such country.
  `(ii) The Secretary, in consultation with the Secretary of State and the
  Secretary of Defense, shall annually review the performance of any country
  proposed for favorable consideration under clause (i) in implementing
  the criteria set forth in subparagraph (A) and, to the extent that such
  performance indicates appropriate use and protection from diversion of
  controlled technology, the Secretary of State should propose the adoption
  by the Coordinating Committee of more favorable licensing treatment of
  such country or, if security concerns increase, more restrictive controls
  on technology exports to such country.
  `(iii) When, in addition to progress on the criteria set forth in
  subparagraph (A), a country takes steps to reduce its offensive military
  capabilities and end its military and intelligence cooperation with the
  Soviet Union or any successor confederation or entity, including withdrawal
  of Soviet military forces, the President should seek agreement of the
  Coordinating Committee to remove the country from the list of controlled
  countries and propose licensing treatment of such country by the Coordinating
  Committee as a free world or cooperating country destination.
  `(C) The Secretary should provide the greatest possible technical assistance
  to countries undertaking the measures described in subparagraph (A).
  `(D) The Secretary of State shall, within 30 days after the date of the
  enactment of this subparagraph, seek agreement of the Coordinating Committee
  to immediately remove Poland, Hungary, and Czechoslovakia from the list of
  controlled countries for purposes of exports of items on the Industrial
  List of the Coordinating Committee, and propose licensing treatment of
  such countries by the Coordinating Committee as free world destinations
  for purposes of such exports.
  `(E) The Secretary of State shall--
  `(i) within 30 days after the date of the enactment of this subparagraph,
  seek agreement of the Coordinating Committee to immediately provide to
  Latvia, Lithuania, and Estonia the same licensing treatment, for exports
  of telecommunications equipment and telecommunications technology, that
  was provided for such exports to Poland, Hungary, and Czechoslovakia as
  of September 1, 1990; and
  `(ii) seek agreement of the Coordinating Committee, as soon as Latvia,
  Lithuania, or Estonia satisfies the conditions set forth in subparagraph
  (A), to immediately provide to such country the same licensing treatment,
  for exports of goods or technology on the control list, that was provided for
  such exports to Poland, Hungary, and Czechoslovakia as of September 2, 1991.
  `(F)(i) The President shall, within 120 days after the date of the
  enactment of this subparagraph, determine whether Latvia, Lithuania,
  and Estonia should be removed from the list of controlled countries. At
  the time of making this determination, the President shall issue a report
  to the Congress providing a complete rationale for the determination and
  identifying what conditions, if any, should be met before any such country
  should be removed from the list of controlled countries.
  `(ii) Should the President determine that Latvia, Lithuania, or Estonia
  should be removed from the list of controlled countries, the Secretary of
  State shall propose to the Coordinating Committee, within 30 days after
  the President's determination, that such country immediately be removed
  from the list of controlled countries.
  `(G)(i) Within 9 months after the date of the enactment of this subparagraph,
  the President shall determine whether the Soviet Union or any successor
  confederation or entity should be removed from the list of controlled
  countries. At the time of making such determination, the President shall
  issue a report to the Congress providing a complete rationale for the
  determination.
  `(ii) Should the President determine that the Soviet Union or any successor
  confederation or entity should be removed from the list of controlled
  countries, the Secretary of State shall propose to the Coordinating
  Committee, within 30 days after the President's determination, that the
  Soviet Union, or such confederation or entity, immediately be removed from
  the list of controlled countries.
  `(H) Nothing in this Act shall prohibit the President from--
  `(i) providing to the independent state of Armenia, formerly known as
  a republic of the Soviet Union, the same licensing treatment, for the
  export of telecommunications equipment and telecommunications technology,
  that was provided for such exports to Poland, Hungary, and Czechoslovakia
  as of September 1, 1990; or
  `(ii) seeking agreement of the Coordinating Committee, as soon as Armenia
  satisfies the conditions set forth in subparagraph (A), to provide to such
  country the same licensing treatment for exports of goods and technology
  on the control list, that is provided to Latvia, Lithuania, and Estonia
  under subparagraph (E)(ii).
The President shall submit to the Congress, not later than 90 days after the
date of the enactment of this subparagraph, a report on whether Armenia has
effectively achieved political independence from the Soviet Union, whether
Armenia has been provided the licensing treatment referred to in clause (i),
whether the agreement of the Coordinating Committee referred to in clause
(ii) has been sought, and any other matters that the President considers
appropriate. Such report shall contain a complete rationale for the matters
addressed in the report.'.
  (b) EXPORTS FOR CIVIL END USE- Section 5(b) is amended by adding at the
  end the following:
  `(4)(A) All license applications under this section for the export of
  goods or technology shall be given a presumption of approval if such
  exports are intended for a civil end use.
  `(B) A determination under subparagraph (A) of whether goods or technology
  are intended for a civil end use shall be based on the following criteria:
  `(i) Whether the stated end use is civil.
  `(ii) Whether the civil application of the goods or technology is well
  established in countries other than controlled countries.
  `(iii) Whether the goods or technology proposed for export are reasonable
  in quantity and quality for the proposed end use.
  `(iv) Whether there is a significant risk of diversion to an unauthorized
  use or consignee.
  `(v) Whether the government of the country in which the end use will occur
  has provided to the United States Government assurances that the proposed
  export will be used only for the stated end use.
  `(C) Requirements for the redesign, reengineering, or substantial
  modification of standard product models or configurations, and similar
  requirements shall not be imposed under this Act before any license
  application is approved for the export of goods or technology subject to
  control by the Coordinating Committee that is intended for civil end uses,
  unless the Coordinating Committee agrees to such requirements.'.
SEC. 106. EAST-WEST DECONTROL.
  Section 5(c)(5) (50 U.S.C. App. 2401(c)(5)) is amended--
  (1) in subparagraph (A)--
  (A) by striking `Not later than 6 months after the date of the enactment
  of this paragraph' and inserting `Not later than 6 months after the date
  of the enactment of the Export Administration Act Amendments of 1991'; and
  (B) in clause (i) by striking all that follows `technology' the first
  place it appears and inserting `the licensing of which under this section
  has been eliminated by regulations promulgated to implement the agreements
  reached in the Coordinating Committee High Level Meetings of June 6 and 7,
  1990, and May 23, 1991.'; and
  (2) by striking subparagraph (B) and inserting the following:
  `(B) The Secretary shall issue regulations implementing fully the agreements
  reached in the Coordinating Committee High Level Meetings of June 6 and 7,
  1990, and May 23, 1991, relating to removal of controls, national discretion,
  and favorable consideration of export licenses, and shall provide the
  licensing treatment prescribed in those agreements for goods and technology
  in accordance with the levels of technology specified in those agreements.
  `(C) Not later than 90 days after the date of the enactment of this
  subparagraph, the Secretary of State shall seek the approval of the
  Coordinating Committee for the following: that no authority or permission
  may be required to export to any country computers at a level of technology
  the export of which to the People's Republic of China on the 60th day
  after the date of the enactment of the Export Enhancement Act of 1988
  would require only notification of the participating governments of the
  Coordinating Committee, or at a higher level of technology.
  `(D) Not later than April 1, 1992, the Secretary, in consultation with the
  Secretary of Defense and the Secretary of State, shall submit a report to
  the Committee on Banking, Housing, and Urban Affairs of the Senate and the
  Committee on Foreign Affairs of the House of Representatives describing
  the implementation of the agreements reached in the Coordinating Committee
  High Level Meetings of June 6 and 7, 1990, and May 23, 1991. Such report
  shall include descriptions of--
  `(i) the status of implementing the `Core List' provided for in the
  agreements and a description of the criteria used in developing the
  Core List,
  `(ii) the status of implementing the special procedure for countries
  representing a lesser strategic threat provided for in the agreements,
  `(iii) the status of implementing the national discretion and favorable
  consideration procedures contained in the agreements,
  `(iv) the status of implementing a license-free zone among the governments
  participating in the Coordinating Committee, including a common standard
  of enforcement, and
  `(v) the strategic justification for and impact of the agreements as they
  relate to the military capabilities and technology acquisition efforts
  of controlled countries, including the Soviet Union or any successor
  confederation or entity.
  `(E) In the case of goods and technology from which export controls have
  been removed under subparagraph (A), export controls under this section may
  thereafter be imposed on such goods or technology only if such controls are
  agreed to by the participating governments of the Coordinating Committee.'.
SEC. 107. COMMODITY JURISDICTION.
  (a) IN GENERAL- Section 17 (50 U.S.C. App. 2416) is amended by adding at
  the end the following new subsection:
  `(g) COMMODITY JURISDICTION- (1) Notwithstanding any other provision of
  law, no item may be included on both the control list and the United States
  Munitions List, after the publication of the lists required under paragraph
  (6) and the resolution of any dispute with respect to such lists under
  paragraph (7).
  `(2) Notwithstanding any other provision of law--
  `(A) an item agreed for control on the International Munitions List of
  the group known as the Coordinating Committee shall be subject to control
  under the Arms Export Control Act and not under this Act; and
  `(B) except as provided in paragraphs (3) and (4), an item not agreed for
  control on the International Munitions List of the Coordinating Committee
  shall be subject to control under this Act and not under the Arms Export
  Control Act.
  `(3) An item described in paragraph (5) that is not on the International
  Munitions List may be subject to control under the Arms Export Control Act--
  `(A)(i) for a period of 9 months after the date on which the United
  States proposes to the Coordinating Committee that the item be added to
  the International Munitions List, and
  `(ii) for an additional 9-month period, but only if negotiations in the
  Coordinating Committee to add the item to the International Munitions List
  are continuing; or
  `(B) if the Secretary of State, in consultation with the Secretary, so
  determines, except that if the Secretary disagrees with the Secretary of
  State with respect to such item, the item may be subject to control under
  the Arms Export Control Act only if the disagreement is resolved by the
  2 Secretaries or by the President pursuant to the procedures set forth in
  subparagraphs (B) and (C) of paragraph (7).
  `(4) An item that is not on the International Munitions List may be subject
  to control under the Arms Export Control Act if the President--
  `(A) determines that extraordinary circumstances exist affecting the
  national security of the United States, which require that the item be
  controlled under the Arms Export Control Act;
  `(B) proposes to the Coordinating Committee that the item be added to the
  International Munitions List, and
  `(C) within 10 days after making the determination under subparagraph (A),
  submits a report to the Speaker of the House of Representatives and the
  President pro tempore of the Senate, describing in detail the reasons for
  the determination, in appropriate classified form, as necessary.
  `(5) An item referred to in paragraph (3) is an item that--
  `(A) is specially designed, developed, configured, adapted, or modified
  for military or intelligence application;
  `(B) does not have significant civil applications; and
  `(C) is not a component the performance capacity and function of which
  are essentially equivalent to those used for civil applications.
  `(6)(A)(i) Within 3 months after the date of the enactment of this
  subsection, the Secretary shall publish the control list and the Secretary
  of State shall publish the United States Munitions List, with all revisions
  that have been made in accordance with this subsection.
  `(ii) Within 3 months after the date of the enactment of this subsection,
  the Secretary of State shall publish in a separate list those items remaining
  subject to control under the Arms Export Control Act under paragraph (3).
  `(B) If either the Secretary or the Secretary of State fails to publish
  a revised list in accordance with subparagraph (A)(i), there shall be
  excluded from the list of the Secretary that did not so publish a revised
  list, any item included on the list of the Secretary that did so publish
  a revised list.
  `(7)(A) Whenever--
  `(i) the Secretary or the Secretary of State receives a request to determine
  whether an item is subject to control under this Act or the Arms Export
  Control Act,
  `(ii) either Secretary finds that an item is included on both the control
  list and the United States Munitions List,
  `(iii) an item appearing on the list of one Secretary under paragraph
  (6)(A)(i) is considered by the other Secretary to be under the jurisdiction
  of that other Secretary, or
  `(iv) the Secretary disagrees with the inclusion of an item on the list
  published under paragraph (6)(A)(ii),
the Secretary or the Secretary of State (as the case may be) shall refer
the matter and any relevant information to the other Secretary.
  `(B) The 2 Secretaries shall have a period of 15 days following the referral
  of a matter under subparagraph (A) to resolve any differences with respect
  to the matter involved.
  `(C) If the 2 Secretaries fail to resolve such differences within that
  15-day period, either Secretary may refer the matter to the President who,
  within 15 days after receiving the referral, shall notify the Secretaries
  of his determination on the matter in dispute.
  `(D) In the event that either the Secretary or the Secretary of State does
  not respond to a referral under subparagraph (A) by the other Secretary,
  the Secretary that did not so respond shall be deemed to concur with the
  other Secretary on the matter involved.
  `(8)(A) Notwithstanding any other provision of this subsection, all mass
  market computer software (including software with encryption capabilities)
  shall be subject to control under this Act and not under the Arms Export
  Control Act.
  `(B) As used in this paragraph, the term `mass market computer software'
  means computer software that is generally available to the public by being--
  `(i) sold from stock at retail selling points by means of--
  `(I) over the counter transactions,
  `(II) mail order transactions, or
  `(III) telephone transactions; and
  `(ii) designed for installation by the user without further substantial
  support by the supplier.'.
  (b) TREATMENT OF MUNITIONS LIST FOR PURPOSES OF CERTAIN STATUTES-
  (1) IN GENERAL- Notwithstanding the amendment made by subsection (a),
  references in the following provisions of law to the United States Munitions
  List or items on the United States Munitions List, or to the Arms Export
  Control Act shall, after the enactment of this Act, be deemed to refer to
  the United States Munitions List, or the Arms Export Control Act, as in
  effect on May 1, 1990:
  (A) Section 40 of the Arms Export Control Act (22 U.S.C. 2780).
  (B) Section 902(a) of the Foreign Relations Authorization Act, Fiscal
  Years 1990 and 1991.
  (C) Section 317 of the Comprehensive Anti-Apartheid Act of 1986.
  (2) SUNSET PROVISION- The provisions of this subsection shall terminate
  on June 30, 1993.
SEC. 108. CONTROLS ON TELECOMMUNICATIONS.
  (a) IN GENERAL- Section 5(c) (50 U.S.C. App. 2404(c)) is amended by adding
  at the end the following:
  `(8)(A) The Secretary of State shall, within 30 days after the date of the
  enactment of this paragraph, propose to the Coordinating Committee that
  exports of telecommunications equipment and telecommunications technology
  for civil end use to the Soviet Union, or any successor confederation or
  entity, immediately be given the following treatment: that such exports
  require not more than notification of the Coordinating Committee if the
  export of such equipment and technology to the People's Republic of China
  on the 60th day after the date of the enactment of the Export Enhancement
  Act of 1988 would require only notification of the participating governments
  of the Coordinating Committee.
  `(B) For purposes of this paragraph and subparagraphs (E) and (H) of
  subsection (b)(2)--
  `(i) the term `telecommunications equipment' means all equipment used in
  the transmission or receipt of either voice or data information, including
  equipment used in the transmission of analog or digital information; and
  `(ii) the term `telecommunications technology' means technology related
  to telecommunications equipment.'.
  (b) REPORT- The President shall study the national security implications
  of the transfer of telecommunications equipment and telecommunications
  technology to controlled countries under the Export Administration Act of
  1979 and, not later than 1 year after the date of the enactment of this
  Act, shall submit to the Speaker of the House of Representatives and the
  Committee on Banking, Housing, and Urban Affairs of the Senate a report
  on the study, in classified form, as appropriate.
SEC. 109. EXPORTS SUBJECT TO NATIONAL DISCRETION AND FAVORABLE CONSIDERATION.
  (a) LICENSING- Section 5(e) (50 U.S.C. App. 2404(e)) is amended by adding
  at the end the following:
  `(7) In implementing the national discretion and favorable consideration
  procedures agreed to by the Coordinating Committee, the Secretary shall
  consider the actions of other participating governments in the Coordinating
  Committee in approving or denying export licenses that are subject to
  such procedures and shall seek to ensure that United States exports are
  not placed at a competitive disadvantage.'.
  (b) IN GENERAL- Section 10 (50 U.S.C. App. 2409) is amended by adding at
  the end the following:
  `(p) EXPORTS SUBJECT TO NATIONAL DISCRETION- In each instance in which an
  export license application is submitted to the Secretary for the export
  of goods or technology subject to the national discretion procedures of
  the Coordinating Committee, the Secretary shall formally issue or deny
  a license within 15 days after a properly completed application has been
  submitted under this section.
  `(q) EXPORTS SUBJECT TO FAVORABLE CONSIDERATION- In each instance in which
  an export license application is submitted to the Secretary for the export
  of goods or technology subject to the favorable consideration procedures
  of the Coordinating Committee or subject to special national discretion
  procedures requiring 30 days advance notification to the Coordinating
  Committee, the Secretary shall formally deny the license or it shall be
  forwarded for review to the Coordinating Committee within 15 days after a
  properly completed application has been submitted under this section, unless
  the Secretary notifies the applicant that additional time will be required
  to conduct a prelicense investigation. In any case the Secretary shall
  deny the license or forward the application to the Coordinating Committee
  within 45 days after a properly completed application has been submitted.'.
  (c) CONFORMING AMENDMENT- Section 10(e)(2)(A) (50 U.S.C. App. 2409(e)(2)(A))
  is amended by striking `Except' and inserting the following: `For general
  exception cases controlled under section 5 of this Act and except'.
SEC. 110. STATEMENT OF POLICY FOR GENERAL EXCEPTION CASES.
  Section 3 (50 U.S.C. App. 2402) is amended by striking paragraph (15)
  and inserting the following:
  `(15) It is the policy of the United States--
  `(A) in considering the submission of cases to the group known as the
  Coordinating Committee on behalf of United States exporters, including
  general exception cases, to ensure consistency in the treatment of
  exporters from the United States and from other countries participating
  in the Coordinating Committee, and to support democracy, free enterprise,
  and economic development in Eastern Europe and the Soviet Union or any
  successor confederation or entity; and
  `(B) to provide specific guidelines to United States exporters, through the
  publication of regulations, public notices, and advisory opinions, with
  respect to goods, sectors, and end users eligible for general exceptions
  referred to in subparagraph (A), and to fully and promptly notify United
  States exporters of all agreements and decisions adopted by the Coordinating
  Committee with respect to such exceptions.'.
SEC. 111. CONTROL LIST REVIEW.
  (a) IN GENERAL- Section 5(c) (50 U.S.C. App. 2404(c)) is amended--
  (1) in paragraph (1), by inserting before the period at the end of the
  second sentence the following: `and shall reflect multilateral control
  agreements reached by the group known as the Coordinating Committee'; and
  (2) by striking paragraph (3) and inserting the following:
  `(3) The Secretary shall review all goods and technology on the control
  list at least once each year in order to carry out the policy set forth
  in section 3(2)(A) of this Act and the provisions of this section. This
  review shall consider proposals for removing controls on exports and other
  changes in policy arising from applying the indexing procedures set forth in
  subsection (g), and shall serve as a basis for United States proposals for
  revision of the International Industrial List maintained by the Coordinating
  Committee. To this end, the United States shall seek to ensure that the
  Coordinating Committee reviews each item on its list at least once every
  2 years and the Secretary shall conduct a periodic review of each item on
  the control list for national security reasons so as to achieve the same
  2-year review cycle. In any case in which the Coordinating Committee has
  failed to review an entry on the International Industrial List within 2
  years, the Secretary of State shall, based upon United States review of
  its comparable entry, propose a review by the Coordinating Committee of
  that entry. Before beginning each periodic review, which may not exceed
  180 days in length, the Secretary shall publish notice of that review in
  the Federal Register. The Secretary shall provide a 30-day period during
  each review for comment and the submission of data, with or without
  oral presentation, by interested Government agencies and other affected
  parties. The Secretary shall further assess, as part of each review,
  the availability from sources outside the United States, of goods and
  technology comparable to those subject to export controls imposed under
  this section. After consultation with appropriate Government agencies, the
  Secretary shall make a determination of any revisions in the list within
  30 days after the end of the review period. The concurrence or approval
  of any other department or agency is not required before any such revision
  is made. The Secretary shall publish in the Federal Register any revisions
  in the list, with an explanation of the reasons for the revisions. In the
  case of national security controls implemented in cooperation with the
  Coordinating Committee, such revisions in the list shall be made consistent
  with the scope of controls agreed to in the Coordinating Committee and
  shall be made effective no later than the effective date agreed to by the
  Coordinating Committee. The provisions of this paragraph apply to revisions
  in the list which consist of removing items from the list or making changes
  in categories of, or other specifications in, items on the list.'.
  (b) SUNSET OF CONTROL LIST- Section 5(c) (50 U.S.C. App. 2404(c)) is
  amended by adding at the end the following new paragraph:
  `(9)(A) Notwithstanding any other provision of this section, as of September
  30, 1992, and as of the end of each 2-year period occurring thereafter--
  `(i) all controls on the export of goods and technology to any country
  other than a controlled country shall terminate, after consultation with
  the Coordinating Committee, as appropriate, and
  `(ii) there shall be included in a United States proposal to the Coordinating
  Committee the termination of all controls on the export of goods and
  technology to any controlled country,
unless a determination is made with respect to such controls under subparagraph
(B).
  `(B) Clause (i) or (ii) of subparagraph (A) shall not apply to a good or
  technology only if the Secretary determines that the good or technology shall
  be subject to export controls under this section on the basis of the policy
  set forth in section 3(2)(A). In determining whether a good or technology
  would make a significant contribution to the military potential of any
  other country or combination of countries which would prove detrimental
  to the national security of the United States, the Secretary shall consult
  with the Secretary of Defense.
  `(C) The form of a determination by the Secretary under subparagraph (B)
  with respect to goods or technology may be either--
  `(i) a separate determination with respect to a particular good or
  technology, or
  `(ii) a determination with respect to the technological parameters
  descriptive of categories of goods or technology.
The Secretary shall publish each such determination in the Federal Register.
  `(D) Not later than November 1, 1992, and not later than the end of each
  2-year period occurring thereafter, the Secretary of State shall submit a
  proposal to the Coordinating Committee to terminate controls applicable to
  the export of all goods or technology to which subparagraph (A)(ii) applies.
  `(E) Not later than 30 days after the date on which the Coordinating
  Committee makes a decision concerning a proposal made by the United States
  under subparagraph (D), the Secretary shall publish in the Federal Register
  those changes in export controls resulting from such decision.
  `(F) Before the effective date established by the Coordinating Committee
  for implementing a decision described in subparagraph (E), the Secretary
  shall publish those changes in the regulations issued under this Act that
  are necessary to implement such decision.
  `(G) Not later than the effective date established by the Coordinating
  Committee for implementing a decision described in subparagraph (E), the
  Secretary shall cease to require authority or permission to export any
  goods or technology for which the Coordinating Committee has ceased to
  require authority or permission to export under such decision, and shall
  implement any other changes in export controls that are necessary to carry
  out such decision.'.
SEC. 112. UNILATERAL CONTROLS.
  Section 5(c)(6) (50 U.S.C. App. 2404(e)(6)) is amended by adding at the
  end the following:
  `(C) For purposes of this paragraph, an export control shall be considered
  to be unilaterally maintained by the United States if it is a restriction,
  condition, or interpretation imposed by the Secretary upon any goods or
  technology, or upon any license application for the export of any goods
  or technology, that is not imposed or implemented in similar circumstances
  by other participating governments of the Coordinating Committee, or that
  is not otherwise specifically permitted by this Act.
  `(D) The Secretary shall seek to ensure that no new unilateral controls
  are created.'.
SEC. 113. TRADE SHOWS.
  Section 5(e)(6) (50 U.S.C. App. 2404(e)) is amended to read as follows:
  `(6) Consistent with multilateral control arrangements, an application
  for a license for the export to a controlled country of any good on which
  export controls are in effect under this section, without regard to the
  technical specifications of the good, for the purpose of demonstration or
  exhibition at a trade show, shall carry a presumption of approval if--
  `(A) the United States exporter retains title to the good, and complies
  with any safeguard requirement imposed by the Secretary, during the entire
  period in which the good is in the controlled country; and
  `(B) the exporter removes the good from the controlled country within
  a reasonable period of time after the conclusion of the trade show or
  demonstration, as defined in regulations issued by the Secretary.'.
SEC. 114. EXPORTS OF RELATED TECHNICAL DATA.
  Section 5(e) (50 U.S.C. App. 2404(e)) is amended by adding at the end the
  following new paragraph:
  `(8) Any general or validated license authorizing the export of any goods
  or technology shall also authorize the export of operation technical data
  related to such goods or technology, whether or not such data is specifically
  referenced in the license or license application, if the technical level
  of the data does not exceed the minimum level necessary to install, repair,
  maintain, inspect, operate, or use the goods or technology.'.
SEC. 115. INDEXING PROCEDURES.
  Section 5(g) (50 U.S.C. App. 2404(g)) is amended to read as follows:
  `(g) INDEXING- (1) In order to ensure that requirements for validated
  licenses and other licenses authorizing multiple exports are periodically
  removed as goods or technology subject to such requirements become obsolete
  with respect to the national security of the United States, the Secretary
  shall, not later than 6 months after the date of the enactment of the
  Export Administration Act Amendments of 1991, establish, in response
  to recommendations of technical advisory committees under paragraph (2),
  indexing procedures which provide for increases in the performance levels of
  goods or technology described in paragraph (2)(A) that are subject to any
  such licensing requirements. Such indexing procedures shall emphasize the
  technical specifications of goods or technology below which no authority or
  permission to export is required as compared to the most technologically
  advanced commercially available version of the same or equivalent goods
  or technology. With respect to goods or technology referred to in the
  preceding sentence which no longer meet the performance levels increased
  pursuant to such procedures--
  `(A) the removal of controls on exports of such goods or technology to
  controlled countries shall be incorporated into United States proposals
  to the Coordinating Committee, and
  `(B) controls under this section on exports of such goods or technology
  to countries other than controlled countries shall be removed, after
  consultations with the Coordinating Committee, as appropriate,
unless--
  `(i) the Secretary, after consultation with the Secretary of Defense and
  the heads of other appropriate executive departments (as defined in section
  101 of title 5, United States Code), issues a determination that removal
  of controls on the goods or technology will permit exports that will be
  detrimental to the national security of the United States; and
  `(ii) the Secretary reports that determination in writing, together with
  a description of the specific anticipated impact on the national security
  of the United States, to the Committee on Foreign Affairs of the House of
  Representatives and the Committee on Banking, Housing, and Urban Affairs
  of the Senate.
The Secretary shall also consider, where appropriate, eliminating site
visitation requirements for goods and technology from which export controls
have been removed under this subsection.
  `(2)(A) In carrying out this subsection, the Secretary shall direct the
  technical advisory committees appointed under subsection (h) to recommend
  indexing procedures for goods or technology--
  `(i) which are eligible for export under a distribution license,
  `(ii) which are eligible for favorable consideration under the rules of
  the Coordinating Committee,
  `(iii) below which exports require only notification of the governments
  participating in the Coordinating Committee, and
  `(iv) below which no authority or permission to export may be required
  under this section.
The technical advisory committees shall submit their recommendations for
indexing procedures, as they are made, to the Secretary, who shall determine,
within 30 days after each submission, or within 45 days after a submission
in the event of an objection by the head of any other executive department,
whether to accept the procedures or to refer the procedures back to the
appropriate technical advisory committee for further consideration.
  `(B) The proposals referred to in paragraph (1)(A) shall be made at the next
  meeting of the Coordinating Committee, at which list review is conducted,
  that is held after the procedures under this subsection are applied to
  the goods or technology involved.'.
SEC. 116. NEGOTIATIONS WITH OTHER COUNTRIES; DEPARTMENT OF COMMERCE
REPRESENTATIVE.
  Section 5(k) (50 U.S.C. App. 2404(k)) is amended--
  (1) by inserting `(l)' after `(k)';
  (2) in the last sentence by striking `(b)(2)' and inserting `(a)(4)'; and
  (3) by adding at the end the following:
  `(2) The Secretary shall undertake a review of, and report to the Congress
  not later than 6 months after the date of the enactment of this paragraph
  on, the goods and technology available from newly industrialized countries
  to determine if such goods and technology are of such sophistication that
  they warrant multilateral export controls. If the Secretary determines
  that such multilateral controls are warranted, the Secretary of State
  shall propose to the Coordinating Committee to initiate negotiations with
  such newly industrialized countries to reach agreements with them under
  paragraph (1) or to obtain their participation in the Coordinating Committee.
  `(3) Whenever--
  `(A) the Secretary is authorized to make a decision or determination under
  this Act that affects exports from the United States to controlled countries,
  `(B) the Secretary makes such a determination, and
  `(C) such determination is final except that the approval of the Coordinating
  Committee is required,
the Secretary of State shall, within 7 days after receiving that determination
from the Secretary, submit to the Coordinating Committee a United States
proposal that would have the effect of applying that determination to exports
to controlled countries.
  `(4) The Secretary, or an officer or employee of the Department of Commerce
  designated by the Secretary, shall be a member of the permanent United
  States delegation to the Coordinating Committee.'.
SEC. 117. REMOVAL OF SECTION 5(k) DESIGNATION.
  Section 5(k)(1) (as amended by section 116 of this Act) is amended by
  adding at the end the following: `If any country accorded the treatment
  authorized by the preceding sentence fails to maintain export restrictions
  comparable in practice to those maintained by the Coordinating Committee,
  as determined by the Secretary, in consultation with the Secretary of State
  and the Secretary of Defense, the Secretary shall restrict or terminate
  such treatment of that country.'.
SEC. 118. NOTIFICATION OF COCOM ACTIONS.
  Section 5 (50 U.S.C. App. 2404) is amended by adding at the end the
  following new subsection:
  `(r) PUBLICATION OF COCOM ACTIONS- (1) Within 90 days after the date of
  the enactment of this subsection, the Secretary shall publish the full
  text of the 3 International Lists of the group known as the Coordinating
  Committee, together with all notes and understandings concerning such
  lists that are agreed to by the Coordinating Committee. The Secretary
  shall update the publication under the preceding sentence at least once
  in each 1-year period occurring thereafter.
  `(2) The Secretary shall publish--
  `(A) the full text of any agreements of the Coordinating Committee affecting
  the International Lists, together with all notes, understandings, and other
  aspects of such agreements, all revisions to such texts, and the proposals
  of the United States to revise the International Lists that are submitted
  to the Coordinating Committee before negotiations on these proposals begin
  (except for classified information contained in the justification for
  such proposals),
  `(B) subject to the limitations set forth in section 12(c), decisions on
  requests for general exceptions to the Industrial List of the Coordinating
  Committee, and
  `(C) other decisions made by the Coordinating Committee, to the maximum
  extent possible.
Such publication shall be made within 30 days after the agreements are
reached, negotiations on the proposals begin, or the decisions are made,
as the case may be. The publication of a particular matter need not be made
under subparagraph (A), (B), or (C) to the extent that the Secretary makes a
written finding to the Congress that to publish that matter would be contrary
to national or international security, would abridge the confidentiality
of the decision-making processes of the Coordinating Committee, or would
otherwise be inconsistent with the obligations of the United States to the
Coordinating Committee.'.
SEC. 119. TERRORIST COUNTRIES.
  Section 6(j) (50 U.S.C. App. 2405(j)) is amended--
  (1) by amending paragraph (1) to read as follows:
  `(1)(A) No export of goods or technology described in subparagraph (B)
  may be made to any country the government of which the Secretary of State
  has determined has repeatedly provided support for acts of international
  terrorism.
  `(B) The goods or technology referred to in subparagraph (A) are--
  `(i) any goods or technology the export of which is controlled under this
  Act pursuant to the Missile Technology Control Regime, or controlled under
  this Act pursuant to section 309(c) of the Nuclear Non-Proliferation Act
  of 1978, and
  `(ii) any goods or technology that, as determined and maintained on a list
  established by the Secretary for purposes of this Act, would directly
  and substantially assist a foreign government or group in acquiring the
  capability to develop, produce, stockpile, or deliver chemical or biological
  weapons, the licensing of which would be effective in barring acquisition
  or enhancement of such capability,
other than goods or technology that the President determines will be used
only for humanitarian purposes. A validated license shall be required for
the export under this paragraph of any such goods or technology that will
be used only for humanitarian purposes.
  `(C)(i) No export of goods or technology the export of which is controlled
  under section 5 may be made to any country the government of which the
  Secretary of State has determined has repeatedly provided support for acts of
  international terrorism, unless the Secretary of State determines that such
  export would not make a significant contribution to the military potential
  of such country, including its military logistics capability, or enhance
  the ability of such country to support acts of international terrorism.
  `(ii) Every 30 days after the date of the enactment of this subparagraph,
  the Secretary of State shall notify the Committee on Foreign Affairs
  of the House of Representatives, and the Committee on Banking, Housing,
  and Urban Affairs of the Senate, of all determinations made under clause
  (i), during the preceding 30-day period, regarding contributions to the
  military potential of a country or enhancement of the ability of a country
  to support acts of international terrorism.
  `(iii) The prohibitions contained in clause (i) do not apply with respect
  to any transaction subject to the reporting requirements under title V of
  the National Security Act of 1947, relating to congressional oversight of
  intelligence activities.'; and
  (2) by adding at the end the following:
  `(5) The President may waive the prohibitions contained in subparagraph
  (A) with respect to a specific transaction if--
  `(A) the President determines that the transaction is essential to the
  national security interests of the United States; and
  `(B) not less than 15 days prior to the proposed transaction, the President--
  `(i) consults with the Committee on Foreign Affairs of the House of
  Representatives and the Committee on Foreign Relations of the Senate
  regarding the proposed transaction; and
  `(ii) submits to the Speaker of the House of Representatives and the chairman
  of the Committee on Foreign Relations of the Senate a report containing--
  `(I) the name of any country involved in the proposed transaction, the
  identity of any recipient of the items to be provided pursuant to the
  proposed transaction, and the anticipated use of those items;
  `(II) a description of the items involved in the proposed transaction
  (including their market value) and the actual sale price at each step in
  the transaction;
  `(III) the reasons why the proposed transaction is essential to the
  national security interests of the United States and the justification
  for such proposed transaction;
  `(IV) the date on which the proposed transaction is expected to occur; and
  `(V) the name of every United States Government department, agency,
  or other entity involved in the proposed transaction, every foreign
  government involved in the proposed transaction, and every private party
  with significant participation in the proposed transaction.
To the extent possible, the information specified in clause (ii) of
subparagraph (B) shall be provided in unclassified form, with any classified
information provided in an addendum to the report.
  `(6) The Secretary of State shall propose to the group known as
  the Coordinating Committee, to the Australia Group, to the countries
  participating in the Missile Technology Control Regime, and to the Nuclear
  Suppliers Group, that each such group adopt those controls that are imposed
  by this subsection on exports of goods or technology subject to control by
  such group. The Secretary of State shall continue to make such proposals
  until such export controls are so adopted.
  `(7) The provisions of this subsection do not affect any other provision
  of law to the extent such other provision imposes greater restrictions
  on exports to which this subsection applies than are imposed under this
  subsection.'.
SEC. 120. CRIMINAL AND CIVIL PENALTIES.
  (a) CRIMINAL PENALTIES- Section 11(b) (50 U.S.C. App. 2410(b)) is amended--
  (1) in paragraphs (1) and (2)--
  (A) by striking `five times' each place it appears and inserting `10 times';
  (B) by striking `$1,000,000' each place it appears and inserting
  `$2,000,000'; and
  (C) by striking `$250,000' each place it appears and inserting `$500,000';
  and
  (2) in paragraph (2) by striking `5 years' and inserting `10 years'.
  (b) CIVIL PENALTIES- Section 11(c)(1) (50 U.S.C. App. 2410(c)(1))
  is amended--
  (1) by inserting `, foreign policy controls under section 6 of this Act,'
  after `section 5 of this Act'; and
  (2) by striking `$100,000' and inserting `$250,000, and the civil penalty for
  each violation of any regulation under section 8(a) may not exceed $50,000'.
  (c) REFERRAL OF ANTIBOYCOTT VIOLATIONS- Section 11 (50 U.S.C. App. 2410)
  is amended by adding at the end the following:
  `(j) REFERRAL TO ATTORNEY GENERAL OF POSSIBLE ANTIBOYCOTT VIOLATION- The
  Secretary shall promptly inform the Attorney General of any information
  within the possession of the Department of Commerce relating to a possible
  violation under subsection (a) or (b) of the regulations issued under
  section 8 of this Act.'.
SEC. 121. POLICY TOWARD COUNTRIES RECEIVING LICENSING BENEFITS.
  Section 11A (50 U.S.C. App. 2410a) is amended--
  (1) in subsection (a)(1), by inserting after `Committee,' the following:
  `pursuant to an agreement to restrict exports negotiated in accordance with
  section 5(k)(1), or pursuant to an export control system maintained by a
  controlled country that is receiving expanded licensing benefits from the
  Coordinating Committee because of its recognition as a lesser strategic
  threat as described in section 5(b)(2),'; and
  (2) in subsection (b)--
  (A) in paragraph (1), by striking `and' after the comma at the end;
  (B) in paragraph (2), by striking the period and inserting `, and'; and
  (C) by adding after paragraph (2) the following new paragraph:
  `(3) the revocation by the Secretary of any validated export license
  previously issued for export by or to that foreign person, notwithstanding
  any other provision of law, and entry by the Secretary of an order denying
  all export privileges to that foreign person.
The Secretary shall publish any order under paragraph (3) in the Federal
Register.'.
SEC. 122. ENFORCEMENT AUTHORITY.
  (a) FORFEITURE OF SEIZED ITEMS- Section 12(a)(3) (50 U.S.C. App. 2411(a)(3))
  is amended by adding at the end the following:
  `(C) All goods or technology lawfully seized under this paragraph by
  authorized officers or employees of the Department of Commerce shall be
  forfeited to the United States. Those provisions of law relating to--
  `(i) the seizure, summary and judicial forfeiture, and condemnation of
  property for violations of the customs laws,
  `(ii) the disposition of such property or the proceeds from the sale thereof,
  `(iii) the remission or mitigation of such forfeitures, and
  `(iv) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this subparagraph, insofar as applicable
and not inconsistent with this Act; except that such duties as are imposed
upon the customs officer or any other person with respect to the seizure
and forfeiture of property under the customs laws shall be performed with
respect to seizures and forfeitures of property under this subparagraph by
the Secretary or such officers and employees of the Department of Commerce
as may be authorized or designated for that purpose by the Secretary, or,
upon the request of the Secretary, by any other agency that has authority
to manage and dispose of seized property.'.
  (b) INVESTIGATIVE OPERATIONS- Section 12(a) is amended--
  (1) by redesignating paragraph (8) as paragraph (9); and
  (2) by inserting after paragraph (7) the following:
  `(8)(A) With respect to any undercover investigative operation conducted by
  the Office of Export Enforcement of the Department of Commerce (hereinafter
  in this paragraph referred to as `OEE') necessary for the detection and
  prosecution of violations of this Act--
  `(i) funds made available for export enforcement under this Act may be used
  to purchase property, buildings, and other facilities, and to lease space
  within the United States, without regard to sections 1341 and 3324 of title
  31, United States Code, the third undesignated paragraph under the heading
  `MISCELLANEOUS' of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
  sections 3732(a) and 3741 of the Revised Statutes of the United States
  (41 U.S.C. 11(a) and 22), and subsections (a) and (c) of section 304,
  and section 305, of the Federal Property and Administrative Services Act
  of 1949 (41 U.S.C. 254 (a) and (c) and 255);
  `(ii) funds made available for export enforcement under this Act may be used
  to establish or to acquire proprietary corporations or business entities
  as part of an OEE undercover operation, and to operate such corporations
  or business entities on a commercial basis, without regard to section 9102
  of title 31, United States Code;
  `(iii) funds made available for export enforcement under this Act and the
  proceeds from OEE undercover operations may be deposited in banks or other
  financial institutions without regard to the provisions of section 648 of
  title 18, United States Code, and section 3302 of title 31, United States
  Code; and
  `(iv) the proceeds from OEE undercover operations may be used to offset
  necessary and reasonable expenses incurred in such operations without
  regard to the provisions of section 3302 of title 31, United States Code;
if the Director of OEE (or an officer or employee designated by the Director)
certifies, in writing, that any action authorized by clause (i), (ii),
(iii), or (iv) is necessary for the conduct of the undercover operation.
  `(B) If a corporation or business entity established or acquired as part
  of an OEE undercover operation with a net value of more than $50,000 is
  to be liquidated, sold, or otherwise disposed of, OEE shall report the
  circumstances to the Secretary and the Comptroller General, as much in
  advance of such disposition as the Director of OEE or his or her designee
  determines is practicable. The proceeds of the liquidation, sale, or other
  disposition, after obligations incurred by the corporation or business
  enterprise are met, shall be deposited in the Treasury of the United States
  as miscellaneous receipts.
  `(C) As soon as the proceeds from an undercover investigative operation
  with respect to which an action is authorized and carried out under this
  paragraph are no longer necessary for the conduct of such operation, such
  proceeds or the balance of such proceeds remaining at the time shall be
  deposited into the Treasury of the United States as miscellaneous receipts.
  `(D)(i) The Director of OEE shall conduct a detailed financial audit of
  each undercover investigative operation which is closed and shall submit
  the results of the audit in writing to the Secretary. Not later than 180
  days after an OEE undercover operation is closed, the Director of OEE
  shall submit to the Congress a report on the results of the audit.
  `(ii) The Director of OEE shall also submit as part of the annual report
  submitted by the Secretary under section 14 a report to the Congress
  specifying--
  `(I) the number of OEE undercover investigative operations pending as of
  the end of the period for which such report is submitted;
  `(II) the number of OEE undercover investigative operations commenced in the
  1-year period preceding the period for which such report is submitted; and
  `(III) the number of OEE undercover investigative operations closed in the
  1-year period preceding the period for which such report is submitted and,
  with respect to each such closed undercover operation, the results obtained
  and any civil claims made with respect thereto.
  `(E) For purposes of subparagraph (D)--
  `(i) the term `closed' refers to the earliest point in time at which
  all criminal proceedings (other than appeals) are concluded, or covert
  activities are concluded, whichever occurs later;
  `(ii) the terms `undercover investigative operation' and `undercover
  operation' mean any undercover investigative operation conducted by OEE--
  `(I) in which the gross receipts (excluding interest earned) exceed $50,000,
  or expenditures (other than expenditures for salaries of employees) exceed
  $150,000, and
  `(II) which is exempt from section 3302 or 9102 of title 31, United
  States Code,
except that subclauses (I) and (II) shall not apply with respect to the
report to the Congress required by clause (ii) of subparagraph (D); and
  `(iii) the term `employees' means employees, as defined in section 2105
  of title 5, United States Code, of the Department of Commerce.'.
SEC. 123. JUDICIAL AND ADMINISTRATIVE REVIEW.
  (a) JUDICIAL REVIEW- Section 13(a) (50 U.S.C. App. 2412(a)) is amended to
  read as follows:
  `SEC. 13. (a) APPLICABILITY-
  `(1) EXEMPTIONS FROM ADMINISTRATIVE PROCEDURE- Except as expressly provided
  in this Act, sections 551, 553 through 559, and 701 through 706 of title 5,
  United States Code, do not apply to the functions exercised under this Act.
  `(2) JUDICIAL REVIEW- A final agency action under this Act may be reviewed
  by appeal to the United States Court of Appeals for the District of Columbia
  Circuit, to the extent provided in this paragraph. The court's review in
  any such appeal shall be limited to determining whether--
  `(A) a regulation--
  `(i) fails to take an action compelled by this Act,
  `(ii) takes an action prohibited by this Act, or
  `(iii) otherwise violates the express terms of this Act;
  `(B) an agency action violates the express terms of this Act;
  `(C) an agency action violates the express terms of an agency regulation
  establishing time requirements or other procedural requirements of a
  non-discretionary nature;
  `(D) the issuance of regulations compelled by this Act complies with time
  restrictions imposed by this Act;
  `(E) license decisions are made and appeals thereof are concluded in
  compliance with time restrictions imposed by this Act;
  `(F) classifications and advisory opinions are issued in compliance with
  time restrictions imposed by this Act;
  `(G) foreign availability determinations are in compliance with time
  restrictions imposed by this Act; or
  `(H) the United States has complied with the requirements of section 5(f)
  after a foreign availability determination has been rendered.'.
  (b) ADMINISTRATIVE REVIEW- (1) Section 13(e) is amended to read as follows:
  `(e) APPEALS FROM LICENSING AND CLASSIFICATION ACTIONS- (1) For purposes of
  this subsection, the term `administrative action' means any action taken
  by the Secretary under this Act or regulations issued under this Act with
  respect to a particular person, other than an action under section 11,
  11A, or 12.
  `(2) Any person aggrieved by an administrative action may appeal such
  action to an administrative law judge within 45 days after receiving
  notification of such action. The administrative law judge shall, within
  90 days after such appeal is filed, determine whether the administrative
  action was taken in violation of this Act or regulations issued under this
  Act and issue any order that is necessary or appropriate to carry out such
  determination. Such order shall be binding upon the Secretary unless and
  until vacated or modified under paragraph (3). Such order may be stayed
  by the administrative law judge or the Secretary pending the filing and
  determination of an appeal under paragraph (3).
  `(3) Any person aggrieved by a decision of the administrative law judge
  under paragraph (2) may appeal such decision to the Secretary within 45 days
  after receiving notification of such decision. The Secretary shall, in a
  written order, affirm, modify, or vacate the decision of the administrative
  law judge within 30 days after such appeal is filed. Except as provided
  in subsection (a), the Secretary's decision under this paragraph shall be
  final and not subject to judicial review. The authority of the Secretary
  under this paragraph may not be delegated to any other officer or employee.
  `(4) Subject to the limitations of section 12(c), final decisions of
  administrative law judges and the Secretary under this subsection shall
  be published in the Federal Register within 15 days after they are rendered.
  `(5) Except as provided in this subsection, proceedings under this subsection
  shall be conducted in accordance with sections 554 (notwithstanding
  subsection (a)(4) of such section), 556, and 557 of title 5, United
  States Code.
  `(6) The Secretary shall issue such regulations as are necessary to carry
  out this subsection.
  `(7) The rights granted by this subection do not abridge any other rights
  provided by the law.'.
  (2) The amendment made by this subsection shall take effect 120 days
  after the date of the enactment of this Act. Regulations implementing the
  amendment made by this subsection shall be promulgated no later than such
  effective date.
SEC. 124. POLICY TOWARD THE PEOPLE'S REPUBLIC OF CHINA.
  (a) FINDINGS AND POLICY- The Congress finds that--
  (1) the United States and the group known as the Coordinating Committee
  have granted special licensing preferences in favor of exports to the
  People's Republic of China compared to other controlled countries under
  the Export Administration Act of 1979, based upon a consensus that the
  People's Republic of China posed a reduced national security threat;
  (2) the United States policy of differentiating the People's Republic
  of China from other controlled countries was also intended to encourage
  emerging democratization and economic reform in that country; and
  (3) the assumptions underlying past policy must be reevaluated in light of
  massive abuses of human rights by the Government of the People's Republic
  of China and evidence that the Chinese Government has assisted in the
  proliferation of missiles and nuclear technology to politically volatile
  areas of the world.
It is therefore the policy of the United States that export licensing
preferences for the People's Republic of China should be eliminated,
applications for distribution licenses and comprehensive operations licenses
under section 4(a)(2) of the Export Administration Act of 1979 should be
denied, and access to dual-use goods and technology representing proliferation
concerns should be restricted.
  (b) ACTION TO LIBERALIZE TREATMENT- Section 5(b) (50 U.S.C. App. 2404(b)),
  as amended by the preceding provisions of this Act, is further amended by
  adding at the end the following:
  `(5) If the President determines that licensing treatment for the People's
  Republic of China should be liberalized compared to other controlled
  countries, no action to so liberalize such treatment should be taken until
  30 days after the President reports such determination to the Congress
  stating the justification for the change in policy.'.
  (c) PROLIFERATION CONCERNS REGARDING THE PEOPLE'S REPUBLIC OF CHINA- Section
  6 (50 U.S.C. App. 2405), is amended by adding at the end the following:
  `(s) PROLIFERATION CONCERNS REGARDING THE PEOPLE'S REPUBLIC OF CHINA-
  (1) Requests for authority or permission to export goods or technology to
  the People's Republic of China which are controlled under this section,
  pursuant to multilateral arrangements to control proliferation of chemical
  weapons and missile technology, should be denied in the absence of adequate
  assurances regarding appropriate end use and nontransfer of goods or
  technology to a country or project of concern.
  `(2) In order to discourage proliferation, by the People's Republic of
  China, that is described in paragraph (1), the Secretary of State should
  seek the cooperation of other governments involved in multilateral control
  arrangements to restrict exports of goods and technology described in
  paragraph (1), in harmonizing treatment of exports to the People's Republic
  of China with control efforts of the United States.
  `(3) The policy set forth in paragraph (1) shall remain in effect unless the
  President determines and reports to the Congress that the People's Republic
  of China has ceased to act in a manner inconsistent with multilateral efforts
  to control proliferation of chemical weapons and missile technology.'.
SEC. 125. EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S REPUBLIC OF CHINA.
  (a) PROHIBITION- Notwithstanding any other provision of law, no satellite of
  United States origin that is intended for launch from a launch vehicle owned
  by the People's Republic of China may be exported from the United States.
  (b) WAIVER- The prohibition contained in subsection (a) may be waived by the
  President on a case-by-case basis upon certification by the United States
  Trade Representative that the People's Republic of China is, with regard
  to the respective satellite, or components or technology related thereto,
  for which the export license request is pending, in full compliance with
  the Memorandum of Agreement Between the Government of the United States
  of America and the Government of the People's Republic of China Regarding
  International Trade in Commercial Launch Services.
SEC. 126. EXPORTS TO THE SOVIET UNION.
  It is the sense of the Congress that no exports to the Soviet Union, or
  any successor confederation or entity, that would otherwise be permitted
  by virtue of the amendments made by this title should be made if the
  Soviet Union, or any successor confederation or entity, takes action to
  restrict the emigration of Jews from the Soviet Union or such successor
  confederation or entity.
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
  Section 18(b) (50 U.S.C. App. 2417(b)) is amended to read as follows:
  `(b) AUTHORIZATION- There are authorized to be appropriated to the Department
  of Commerce to carry out the purposes of this Act--
  `(1) $41,500,000 for the fiscal year 1992, of which $150,000 shall be
  available only for the representation of the Secretary or the Secretary's
  designee at the Coordinating Committee under section 5(k)(4); and
  `(2) such additional amounts for the fiscal year 1992 as may be necessary
  for increases in salary, pay, retirement, other employee benefits authorized
  by law, and other nondiscretionary costs.'.
SEC. 128. EXTENSION OF THE ACT.
  Section 20 (50 U.S.C. App. 2419) is amended by striking `September 30,
  1990' and inserting `March 1, 1993'.
SEC. 129. TECHNICAL AMENDMENTS.
  (a) SECTION 5- Section 5(f) (50 U.S.C. App. 2404(f)) is amended--
  (1) in paragraph (2)(A) by striking `(k)' and inserting `(k)(1)'; and
  (2) in paragraph (10) by striking `subsections (f) and' and inserting
  `subsection'.
  (b) SECTION 6- Section 6 (50 U.S.C. App. 2405) is amended as follows:
  (1) Subsection (h)(3) is amended in the last sentence by striking `(l)'
  and inserting `(n)'.
  (2) Subsection (k) is amended in paragraphs (1), (2), and (3) by striking
  `section 5(b)(2)(C)' and inserting `subclauses (I) through (V) of section
  5(a)(4)(D)(iii)'.
  (3) Subsection (m)(1)(A) is amended by striking `(l)' and inserting `(n)'.
  (4) Subsection (q) is amended--
  (A) in the first sentence of paragraph (1) by striking `(m)' and inserting
  `(o)'; and
  (B) in paragraph (2) by striking `6(o)(1)' and inserting `6(q)(1)'.
  (c) SECTION 11A- Section 11A(k)(3) (50 U.S.C. App. 2410A(k)(3)) is amended--
  (1) by striking `(3)' and inserting `(2)'; and
  (2) by striking `paragraph (2)' and inserting `paragraph (1)'.
  (d) SECTION 16- Section 16 (50 U.S.C. App. 2415) is amended by striking
  `As used' and inserting `Except as otherwise provided, as used'.
TITLE II--EXPORT PROMOTION
SEC. 201. UNITED STATES AND FOREIGN COMMERCIAL SERVICE.
  (a) MINISTER-COUNSELORS- Section 2301(d)(1) of the Export Enhancement Act
  of 1988 (15 U.S.C. 4721(d)(1)) is amended in the first sentence by striking
  `8' and inserting `20'.
  (b) REPORT ON TRAINING- The Secretary of Commerce shall, not later than 6
  months after the date of the enactment of this Act, submit to the Congress
  a report on the adequacy of the training of officers and employees of
  the United States and Foreign Commercial Service in the following areas:
  writing of commercial reports, language skills, cultural awareness, and
  public speaking.
  (c) USE OF PERSONAL SERVICES- The following offices of the International
  Trade Administration in the Department of Commerce may acquire personal
  services by contract to assist such offices in their export promotion
  programs and in their automation efforts: the Office of Trade Development,
  the Office of International Economic Policy, and the Office of the United
  States and Foreign Commercial Service.
  (d) INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES- The
  Secretary of Commerce shall increase the number of Commercial Service
  Officers in Taiwan, Japan, and Canada by 3 over the number of such officers
  assigned to each of such countries in calendar year 1989.
SEC. 202. MARKET DEVELOPMENT COOPERATIVE PROGRAM.
  (a) QUALIFICATIONS FOR PROGRAM- Section 2303(c)(2) of the Export Enhancement
  Act of 1988 (15 U.S.C. 4723(c)(2)) is amended by striking `and computer
  data bases' and inserting `computer data bases, and methods of distribution
  of goods and services'.
  (b) REPORTS ON THE PROGRAM- Section 2303 of the Export Enhancement Act of
  1988 (15 U.S.C. 4723(c)(2)) is amended by adding at the end the following:
  `(e) REPORTS TO CONGRESS- The Secretary of Commerce shall report every 6
  months to the Committee on Foreign Affairs of the House of Representatives
  and the Committee on Banking, Housing, and Urban Affairs of the Senate
  on the progress the Department of Commerce has made in implementing the
  Market Development Cooperator Program.'.
SEC. 203. COUNTRY REPORTS ON TRADE PRACTICES.
  Section 2202 of the Export Enhancement Act of 1988 (15 U.S.C. 4711) is
  amended in the first sentence by striking `January' and inserting `May'.
SEC. 204. REPORT ON EXPORT POLICY.
  (a) IN GENERAL- The Secretary of Commerce shall submit to the Congress,
  not later than May 31 of each year, a report on the international economic
  position of the United States and shall, not later than June 30 of each year,
  appear before the Committee on Banking, Housing, and Urban Affairs of the
  Senate and the Committee on Foreign Affairs of the House of Representatives
  to testify on issues addressed in such report.
  (b) CONTENTS- (1) Each report under subsection (a) shall address the
  following:
  (A) The state of United States international economic competitiveness,
  focusing, in particular, on Department of Commerce efforts to--
  (i) encourage research and development of technologies and products deemed
  critical for industrial leadership;
  (ii) promote investment in and improved manufacturing processes for such
  technologies and products; and
  (iii) increase United States industrial exports of products using the
  technologies described in clause (i) to those markets where the United
  States Government has sought to reduce barriers to exports.
  (B) The current Department of Commerce export development strategy,
  including the implementation of the United States and Foreign Commerce
  Service Strategic Review and the activities of the Trade Promotion
  Coordinating Committee.
  (C) Other specific Department of Commerce recommendations to improve the
  United States balance of trade.
  (2) The first report provided under this section shall also address
  Government export financing programs and actions planned or underway to
  improve them.
  (3) Portions of each report under this section may be based upon relevant
  reports and testimony produced by the Department of Commerce or other
  agencies, but the policy views shall be those of the Secretary of Commerce.
SEC. 205. TRADE PROMOTION COORDINATING COMMITTEE.
  (a) ESTABLISHMENT AND PURPOSE- The President shall establish the Trade
  Promotion Coordinating Committee (hereinafter in this section referred
  to as `TPCC') which shall be chaired by the Secretary of Commerce. The
  purpose of the TPCC shall be to unify and streamline international trade
  promotion activities of the United States Government.
  (b) DUTIES- The TPCC shall be responsible for the following activities:
  (1) The collection, analysis, and dissemination to United States businesses
  of information on foreign markets for United States goods and services.
  (2) Providing to United States businesses information on export financing.
  (3) Representing United States business interests with foreign governments,
  international banks, and other international organizations.
  (4) Providing to United States businesses information on potential joint
  venture partners in foreign countries.
  (5) Counseling United States businesses on foreign standards, testing,
  and certification requirements and procedures.
  (6) Coordinating international trade events, including trade shows and
  trade missions.
  (7) Identifying trade agents and distributors in foreign countries to
  distribute United States goods and services abroad.
  (c) MEMBERSHIP- Members of the TPCC shall include representatives of the
  Departments of Commerce, State, Treasury, and Agriculture, the Office of the
  United States Trade Representative, the Small Business Administration, the
  Trade and Development Program, the Overseas Private Investment Corporation,
  and the Export-Import Bank of the United States. Representatives of other
  departments or agencies may be included in TPCC as necessary, at the
  discretion of the Chair.
  (d) REPORT TO CONGRESS- The Comptroller General of the United States shall
  prepare and submit to the Congress, not later than June 30, 1992, a report
  analyzing the ability of the TPCC to carry out its duties under subsection
  (b), and describing what additional resources, if any, the TPCC needs to
  carry out such duties effectively.
SEC. 206. REPORT ON EXPORT PROMOTION.
  The Comptroller General shall, not later than June 30, 1992, prepare and
  transmit to the Committee on Foreign Affairs of the House of Representatives
  and the Committee on Banking, Housing, and Urban Affairs of the Senate,
  a report that analyzes the--
  (1) progress made in strengthening coordination of Federal export promotion
  efforts,
  (2) efforts made to improve coordination of Federal export promotion
  activities with the States,
  (3) efforts made to improve export promotion coordination and cooperation
  with private industry groups, and
  (4) adequacy of Federal, State, and private sector export financing programs.
SEC. 207. EXPORT PROMOTION AUTHORIZATION.
  Section 202 of the Export Administration Amendments Act of 1985 (15
  U.S.C. 4052) is amended to read as follows:
`SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
  `There are authorized to be appropriated to the Department of Commerce--
  `(1) to carry out export promotion programs, $166,000,000 for the fiscal
  year 1992; and
  `(2) to carry out section 2303 of the Omnibus Trade and Competitiveness
  Act of 1988, $5,000,000 for fiscal year 1992.'.
TITLE III--NUCLEAR NONPROLIFERATION
SEC. 301. SHORT TITLE.
  This title may be cited as the `Nuclear Proliferation Prevention Act
  of 1991'.
SEC. 302. PURPOSE.
  It is the purpose of this title to strengthen both domestic and international
  controls over the transfer of facilities, materials, equipment, and
  technology which may contribute to nuclear proliferation by--
  (1) prohibiting all nuclear commerce (except that authorized under general
  license) by the United States with non-nuclear-weapon states which do
  not maintain international safeguards on all of their nuclear facilities
  and in cases in which there is no agreement for nuclear cooperation under
  which such commerce would be conducted;
  (2) restricting United States exports of weapons-useable, highly enriched
  uranium;
  (3) mandating negotiation of a multilateral mechanism for assuring that no
  facilities, materials, equipment, or technology which may contribute to
  nuclear proliferation are transferred by any nation or group of nations
  to any non-nuclear-weapon state which does not maintain international
  safeguards on all its nuclear facilities, that exports of highly enriched
  uranium are curtailed, and that all nuclear commerce is halted with those
  non-nuclear-weapon states which pose significant threats to regional or
  global peace and security;
  (4) assuring that meaningful and appropriate trade sanctions are imposed
  by the United States on any foreign entity that engages in nuclear trade
  in contravention of the principles described in this section, and on any
  nation or group of nations which does not subscribe to such principles; and
  (5) providing for the United States to enter into negotiations with other
  nations and groups of nations to improve significantly the effectiveness
  of the safeguards of the International Atomic Energy Agency.
SEC. 303. RESTRICTIONS ON NUCLEAR EXPORTS.
  (a) RESTRICTIONS- Chapter 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2151
  and following) is amended by adding at the end the following:
  `SEC. 134. FURTHER RESTRICTIONS ON EXPORTS-
  `a. (1) In addition to any other requirement of this Act, none of the
  following actions may be taken until the conditions set forth in paragraph
  (2) are met:
  `(A) Issuing a license required under the Export Administration Act
  of 1979 for the export of any item or related technical data which, as
  determined under section 309(c) of the Nuclear Non-Proliferation Act of
  1978, could be of significance for nuclear explosive purposes, if the item
  or technical data--
  `(i) is intended for use in connection with the physical construction,
  operation, or maintenance of a nuclear production or utilization facility, or
  `(ii) is intended for an unreliable end user, as specified on a list
  developed and maintained by the Secretary of Commerce, so that the export
  would result in a likelihood of diversion of the item or technical data
  for use in a production or utilization facility, or for research on,
  or for the design, development, or fabrication of or other use in, any
  nuclear explosive device.
  `(B) Issuing a license under section 109b. for the export of any component,
  substance, or item that is subject to such license requirement under
  such section.
  `(C) Approval by the United States, as required under the Export
  Administration Act of 1979 or section 109b.(3), of the retransfer of any
  item, technical data, component, or substance described in subparagraph
  (A) or (B).
  `(D) Authorizing, as required by section 57b.(2), any person to engage,
  directly or indirectly, in the production of special nuclear material.
  `(2) The conditions referred to in paragraph (1) are the following:
  `(A) If the export, retransfer, or activity involves a non-nuclear-weapon
  state, such state--
  `(i) maintains International Atomic Energy Agency safeguards on all its
  peaceful nuclear activities, or
  `(ii) is a party to--
  `(I) a regional agreement providing for International Atomic Energy Agency
  safeguards on all of its peaceful nuclear activities, or
  `(II) a regional, bilateral, or multilateral agreement providing for
  safeguards, that are verified by the International Atomic Energy Agency,
  on all of its peaceful nuclear activities,
and such safeguards are certified by the President to the Congress to be
substantially equivalent or superior to the safeguards regime implemented
by the International Atomic Energy Agency for nations which are parties to
the Treaty on the Non-Proliferation of Nuclear Weapons.
  `(B) An agreement for cooperation arranged pursuant to section 123 is in
  effect which governs nuclear activities in the recipient nation.
  `(3) Nothing in this subsection shall preclude an export, retransfer,
  or activity for which a general license or general authorization has been
  granted by the Commission, the Department of Commerce, or the Department
  of Energy.
  `(4) The condition referred to in paragraph (2)(B) shall not apply for
  a period of 24 months after the effective date of this section to any
  nation which, within 6 months after such effective date, has entered into,
  or has initiated negotiations to enter into, an agreement for cooperation
  with the United States.
  `(5) The President may waive any condition required by paragraph (2)
  (except as provided in clause (iii)) for an export, retransfer, or activity--
  `(A) if the President determines that--
  `(i) the export, retransfer, or activity involves radiation protection
  or health physics, decontamination, or other assistance needed solely to
  prevent or correct imminent radiological hazards that pose a danger to
  the public health or safety at an operating nuclear reactor;
  `(ii) the export, retransfer, or activity is essential for the achievement
  of United States nuclear nonproliferation objectives and the export,
  retransfer, or activity would not result in any material contribution to
  the ability of the recipient nation to acquire a nuclear explosive device; or
  `(iii) only in the case of a waiver of the condition required by paragraph
  (2)(B), the export, retransfer, or activity is so remote or inconsequential
  from the standpoint of nuclear proliferation as to make the application
  of the condition required by paragraph (2)(B) unnecessary;
  `(B) the government of the recipient nation has provided a guaranty to
  the United States Government that the item, technical data, component, or
  substance described in paragraph (1) (A) or (B), or the special nuclear
  material described in paragraph (1)(D), will be used only for peaceful
  purposes;
  `(C) if the item, technical data, component, or substance described in
  paragraph (1) (A) or (B) is used in a production or utilization facility,
  or if the special nuclear material described in paragraph (1)(D) is produced
  or used in a production or utilization facility, the government of the
  recipient nation has provided a guaranty to the United States Government
  that such facility is under safeguards described in paragraph (2)(A) (i)
  or (ii), and adequate physical security will be maintained in the facility
  so that the item, technical data, component, substance, or special nuclear
  material will not be used for nuclear explosive purposes;
  `(D) the government of the recipient country has provided a guaranty to
  the United States Government that the prior approval of the United States
  Government will be obtained for any retransfer of the item, technical
  data, component, or substance described in paragraph (1) (A) or (B) or
  the special nuclear material described in paragraph (1)(D);
  `(E) the United States has the right to require the return of the item,
  technical data, component, or substance described in paragraph (1) (A)
  or (B), or the special nuclear material described in paragraph (1)(D),
  if the recipient country detonates a nuclear explosive device or if the
  production or utilization facility described in subparagraph (C) ceases
  to be under safeguards described in paragraph (2)(A) (i) or (ii); and
  `(F)(i) before the waiver takes effect, the President submits the proposed
  waiver, together with a report containing the reasons for the waiver,
  to the Committee on Foreign Affairs of the House of Representatives and
  the Committee on Foreign Relations of the Senate; and
  `(ii) a period of 30 days of continuous session (as defined in section
  130g. of this Act) has elapsed and the Congress has not, during that 30-day
  period, adopted a joint resolution, which is thereafter enacted into law,
  stating in substance that it does not favor the waiver.
Any such proposed waiver shall be considered pursuant to the procedures set
forth in section 130i. of this Act, except that for purposes of such section
each reference to an agreement for cooperation submitted under section 123 of
this Act shall be deemed to be a reference to the waiver under this paragraph.
  `(6) For purposes of this subsection--
  `(A) the term `non-nuclear-weapon state' means any nation that is
  not a nuclear-weapon state within the meaning of the Treaty on the
  Non-Proliferation of Nuclear Weapons; and
  `(B) the term `unreliable end user' means an end user with respect to whom
  there is clear and convincing evidence of prior or potential diversions
  by that end user to prohibited end uses.
  `b. (1) The Commission may issue a license for the export of highly
  enriched uranium to be used as a fuel or target in a nuclear research or
  test reactor only if, in addition to any other requirement of this Act,
  the Commission determines that--
  `(A) there is no alternative nuclear reactor fuel or target enriched in
  the isotope 235 to a lesser percent than the proposed export, that can be
  used in that reactor;
  `(B) the proposed recipient of that uranium has provided assurances that,
  whenever an alternative nuclear reactor fuel or target can be used in that
  reactor, it will use that alternative in lieu of highly enriched uranium; and
  `(C) the United States Government is actively developing an alternative
  nuclear reactor fuel or target that can be used in that reactor.
  `(2) As used in this subsection--
  `(A) the term `alternative nuclear reactor fuel or target' means a nuclear
  reactor fuel or target which is enriched to less than 20 percent in the
  isotope U-235;
  `(B) the term `highly enriched uranium' means uranium enriched to 20
  percent or more in the isotope U-235; and
  `(C) a fuel or target `can be used' in a nuclear research or test reactor
  if--
  `(i) the fuel or target has been qualified by the Reduced Enrichment
  Research and Test Reactor Program of the Department of Energy, and
  `(ii) use of the fuel or target will permit the large majority of ongoing
  and planned experiments and isotope production to be conducted in the
  reactor without a large percentage increase in the total cost of operating
  the reactor.
  `c. The President shall, as soon as possible after the enactment of this
  section, undertake negotiations with those foreign nations which participate
  in the Nuclear Suppliers Group to--
  `(1) establish a list of those facilities, materials, equipment, and
  technology of significance for nuclear explosive purposes which, when they
  are intended or likely to be diverted for a nuclear end use, may not be
  transferred to any non-nuclear-weapon state unless such state--
  `(A) maintains International Atomic Energy Agency safeguards on all its
  nuclear facilities, or
  `(B) is a party to--
  `(I) a regional agreement providing for International Atomic Energy Agency
  safeguards on all of its peaceful nuclear activities, or
  `(II) a regional, bilateral, or multilateral agreement providing for
  safeguards that are verified by the International Atomic Energy Agency on
  all of its peaceful nuclear activities,
and such safeguards are substantially equivalent or superior to the safeguards
regime implemented by the International Atomic Energy Agency for nations
which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons;
  `(2) prohibit the export of uranium enriched to greater than 20 percent
  or more in the isotope U-235 under conditions less stringent than those
  set forth in subsection b.;
  `(3) with respect to those non-nuclear-weapon states which are determined
  to pose significant threats to regional or global peace and security--
  `(A) terminate all exports to such states of any item or related technical
  data which could be of significance for nuclear explosive purposes and--
  `(i) is intended for use in a nuclear production or utilization facility, or
  `(ii) is likely to be diverted for use in such a facility, or for research
  on, or for the design, development, or fabrication of or other use in,
  any nuclear explosive device;
  `(B) terminate all exports to such states of any component, substance,
  or item which is determined to be especially relevant from the standpoint
  of export control because of its significance for nuclear explosive purposes;
  `(C) terminate all retransfers to such states of any item, technical data,
  component, or substance described in subparagraph (A) or (B);
  `(D) terminate all authorizations for any person to engage, directly or
  indirectly, in the production of special nuclear material in such states;
  `(E) terminate all exports or retransfers to such states of any production
  or utilization facility or of any source material or special nuclear
  material; and
  `(F) refuse to negotiate any proposed agreement for cooperation or approve
  any subsequent arrangement with such states; and
  `(4) institute appropriate procedures for that Group under which the
  participating nations may raise and satisfactorily resolve questions related
  to any proposed export, retransfer, or activity which, if authorized, might
  be inconsistent with the principles set forth in paragraphs (1) through (3).
For purposes of this subsection, the term non-nuclear-weapon state has the
meaning given that term in subsection a.(6).
  `d. (1) Subject to paragraphs (2) through (6), if the President determines
  that a foreign person, after the date of the enactment of this section,
  knowingly--
  `(A) exports, transfers, or otherwise engages in the trade of any nuclear
  facilities, materials, equipment, or technology in contravention of measures
  adopted pursuant to paragraphs (1) through (3) of subsection c.;
  `(B) conspires to or attempts to engage in such export, transfer, or
  trade, or
  `(C) facilitates such export, transfer, or trade by any other person,
then the President shall, for a period of not less than 2 years, prohibit
the export from the United States to such person of all nuclear facilities,
materials, equipment, and technology.
  `(2) Paragraph (1) does not apply to any export, transfer, or trading
  activity that is authorized by the laws of a nation participating in the
  Nuclear Suppliers Group and adhering to all measures adopted pursuant to
  paragraphs (1) through (3) of subsection c., if such authorization is not
  obtained by misrepresentation or fraud.
  `(3) Sanctions set forth in paragraph (1) may not be imposed under this
  subsection on a person with respect to acts described in such paragraph or,
  if such sanctions are in effect against a person on account of such acts,
  such sanctions shall be terminated, if a nation participating in the
  Nuclear Suppliers Group is taking judicial or other enforcement action
  against that person with respect to such acts, or that person has been
  found by the government of a nation participating in the Nuclear Suppliers
  Group to be innocent of wrongdoing with respect to such acts.
  `(4) Upon the request of any person, an agency or official responsible
  for carrying out any measure adopted pursuant to paragraphs (1) through
  (3) of subsection c. may, in consultation with the Secretary of State and
  the Secretary of Defense, issue an advisory opinion to that person as to
  whether a proposed activity by that person would subject that person to
  sanctions under this subsection. Any person who relies in good faith on
  such an advisory opinion which states that the proposed activity would not
  subject a person to such sanctions, and any person who thereafter engages
  in such activity, may not be made subject to such sanctions on account of
  such activity.
  `(5) Not later than 15 days before imposing sanctions under this subsection,
  the President shall notify the Congress of the actions to be taken.
  `(6) The President shall not be required to apply or maintain sanctions
  under this subsection to--
  `(A) spare parts;
  `(B) component parts, but not finished products, essential to United States
  products or production;
  `(C) routine servicing and maintenance of products, to the extent that
  alternative sources are not readily or reasonably available; or
  `(D) medical or other humanitarian items.
  `(7) For purposes of this subsection--
  `(A) the term `foreign person' means any person other than a United
  States person;
  `(B) the term `United States person' has the meaning given that term in
  section 16 of the Export Administration Act of 1979;
  `(C)(i) the term `person' means a natural person as well as a corporation,
  business association, partnership, society, trust, any other nongovernmental
  entity, organization, or group, and any governmental entity operating as
  a business enterprise, and any successor of any such entity; and
  `(ii) in the case of countries where it may be impossible to identify a
  specific governmental entity referred to in clause (i), the term `person'
  means all activities of that government relating to the development or
  production of any nuclear facilities, materials, equipment, or technology;
  and
  `(D) the term `otherwise engaged in the trade of' means, with respect to
  a particular export or transfer, to be a freight forwarder or designated
  exporting agent, or a consignee or end user of the item to be exported
  or transferred.
  `e. (1) If the President determines that any foreign nation or group of
  nations, whether or not participating in the Nuclear Suppliers Group has, on
  or after the effective date of this section, permitted any nuclear-related
  export, retransfer, or activity which would contravene any prohibition,
  restriction, or other measure adopted by the Nuclear Suppliers Group,
  including, but not limited to, any measure adopted pursuant to paragraphs
  (1) through (3) of subsection c., the President shall immediately take
  one or more of the actions described in paragraph (2), depending upon
  the degree of proliferation risk associated with the act by the nation or
  group of nations involved.
  `(2) The actions referred to in paragraph (1) are to--
  `(A) terminate some or all nuclear-related exports, retransfers,
  authorizations, and activities to, for, in, or with the foreign nation or
  group of nations,
  `(B) terminate some or all assistance to that nation or group of nations
  under the Foreign Assistance Act of 1961, except for urgent humanitarian
  assistance and food or other agricultural commodities or products,
  `(C) terminate--
  `(i) some or all sales to that nation or group of nations under the Arms
  Export Control Act of any defense articles, defense services, or design
  and construction services, and
  `(ii) some or all licenses for the export to that nation or group of
  nations of any item on the United States Munitions List,
  `(D) terminate some or all foreign military financing for that nation or
  group of nations under the Arms Export Control Act, and
  `(E) use the authorities of section 6 of the Export Administration Act of
  1979 to prohibit some or all exports to that nation or group of nations
  of other goods and technology (excluding food and other agricultural
  commodities and products).
  `(3) Not later than 15 days before taking the actions required under
  paragraph (2), the President shall notify the Congress of the actions to
  be taken.
  `(4) The President may waive the imposition of any sanction under paragraph
  (2) if--
  `(A) the President determines that to impose the sanction would be seriously
  prejudicial to the achievement of United States nonproliferation objectives
  or would have a serious adverse effect on vital United States interests;
  `(B) before the waiver takes effect, the President submits that
  determination, together with a report containing the reasons for the
  determination, to the Committee on Foreign Affairs of the House of
  Representatives and the Committee on Foreign Relations of the Senate; and
  `(C) a period of 60 days of continuous session (as defined in section
  130g. of this Act) has elapsed and the Congress has not, during that 60-day
  period, adopted a joint resolution, which is thereafter enacted into law,
  stating in substance that it does not favor the determination.
Any such determination shall be considered pursuant to the procedures set forth
in section 130i. of this Act, except that for purposes of such section each
reference to a proposed agreement for cooperation submitted under section 123
of this Act shall be deemed to be a reference to the determination submitted
under this paragraph.'.
  (b) CLERICAL AMENDMENT- The table of contents of the Atomic Energy Act of
  1954 is amended by adding at the end of the items relating to chapter 11
  the following:
`Sec. 134. Further restrictions on exports.'.
SEC. 304. NEGOTIATIONS.
  Section 203 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3243)
  is amended--
  (1) by inserting `(a)' after `SEC. 203.'; and
  (2) by adding at the end the following:
  `(b) In order to improve significantly the effectiveness of the safeguards
  of the IAEA, the United States shall seek to negotiate with other nations
  and groups of nations, including the IAEA Board of Governors and the
  Nuclear Suppliers Group, to--
  `(1) improve the access of the IAEA within nuclear facilities that are
  capable of producing, processing, or fabricating weapons-capable nuclear
  materials;
  `(2) facilitate the exercise by the IAEA of its right to conduct special
  inspections of facilities capable of producing, processing, or fabricating
  weapons-capable nuclear materials, including those facilities in which
  nuclear materials may not yet have been introduced or have not been declared
  to the IAEA;
  `(3)(A) facilitate the IAEA's efforts to meet and to maintain its own goals
  for detecting the diversion of nuclear materials and equipment, giving
  particular attention to facilities in which there are bulk quantities of
  plutonium; and
  `(B) if it is not technically feasible for the IAEA to meet those detection
  goals in a particular facility, require the IAEA to declare publicly that
  it is unable to do so;
  `(4) apply the IAEA's mandatory safeguards to tritium and natural uranium
  concentrate and increase the scope of such safeguards on heavy water; and
  `(5) provide the IAEA the additional funds, technical assistance, and
  political support necessary to carry out this subsection.
  `(c) The President shall report to the Speaker of the House of
  Representatives and the President of the Senate--
  `(1) within 6 months after the date of the enactment of this subsection,
  on the steps he has taken to implement subsection (b), and
  `(2) annually thereafter, on the progress that has been made and the
  obstacles that have been encountered in seeking to meet the objectives
  set forth in subsection (b).'.
SEC. 305. REPORTS TO CONGRESS.
  Section 601(a) of the Nuclear Non-Proliferation Act of 1978 (22
  U.S.C. 3281(a)) is amended--
  (1) in paragraph (4) by striking `and' after the semicolon;
  (2) in paragraph (5) by striking the period and inserting a semicolon; and
  (3) by adding after paragraph (5) the following:
  `(6) a summary and analysis of the particular arrangements made by the
  IAEA for the application of safeguards on specific nuclear materials
  and equipment;
  `(7) a summary and analysis of the results of individual inspections by
  the IAEA of nuclear materials and equipment subject to IAEA safeguards,
  including measurements of materials subject to such safeguards;
  `(8) an analysis of the problems encountered by the IAEA in the
  implementation of safeguards, such as failures of IAEA safeguards equipment
  and lack of cooperation by operators of nuclear facilities and recipient
  nations, including those problems set forth in the Safeguards Implementation
  Report of the IAEA; and
  `(9) a description of the implementation of nuclear and nuclear-related
  dual-use export controls in the preceding calendar year, including a
  description of--
  `(A) each transaction for which--
  `(i) a determination was made under section 134a.(1)(A) of the 1954 Act
  that the controlled item or technical data was not--
  `(I) intended for use in a nuclear production or utilization facility, or
  `(II) intended for an unreliable end user, as described in section
  134a.(1)(A)(ii) of the 1954 Act;
  `(ii) an export license was issued under section 109b. of the 1954 Act;
  `(iii) approvals were issued under the Export Administration Act of 1979,
  or section 109b.(3) of the 1954 Act, for the retransfer of any item,
  technical data, component, or substance to which section 134a. of the 1954
  Act applies; or
  `(iv) authorizations were made as required by section 57b.(2) of the
  1954 Act to engage, directly or indirectly, in the production of special
  nuclear material;
  `(B) each instance in which a waiver of a condition was made under section
  134a.(5) of the 1954 Act; and
  `(C) each instance in which a sanction has been imposed under subsection
  d. or e. of section 134 of the 1954 Act, a sanction has not been imposed
  by reason of paragraph (3) or (6) of subsection d. of such section, or a
  waiver of a sanction has been made under subsection e.(4) of such section.
Portions of the information required by paragraph (9) may be submitted in
classified form, as necessary. Any such information that may not be published
or disclosed under section 12(c)(1) of the Export Administration Act of 1979
shall be submitted in classified form.'.
TITLE IV--ECONOMIC COOPERATION PROJECTS IN CHINA AND TIBET
SEC. 401. STATEMENT OF PRINCIPLES.
  (a) PURPOSE- It is the purpose of this title to create principles governing
  the conduct of United States economic cooperation projects in the People's
  Republic of China and Tibet.
  (b) PRINCIPLES- It is the sense of the Congress that any United States
  economic cooperation project in the People's Republic of China or Tibet
  should adhere to the following principles:
  (1) Seek to ensure that decisions concerning employment in the United
  States economic cooperation project do not entail discrimination based on
  sex, religion, ethnic or national background, political belief, nonviolent
  political activity, or political party membership.
  (2) Ensure, through consultation with relevant government authorities where
  appropriate, that methods of production used in the United States economic
  cooperation project do not pose an unnecessary physical danger to workers,
  to neighboring populations and property, and to the surrounding environment.
  (3) Ensure that no convict or forced labor under penal sanctions is
  knowingly used in the United States economic cooperation project.
  (4) Ensure that no goods that are mined, produced, or manufactured, in
  whole or in part, by convict or forced labor under penal sanctions are
  knowingly used in the United States economic cooperation project.
  (5) Undertake to protect freedom of assembly and association among the
  employees of the United States economic cooperation project, and to foster
  positive and constructive consultation between employees and management
  of the United States economic cooperation project.
  (6) Promote the training of employees of the United States economic
  cooperation project, in particular the training of Chinese employees
  in managerial positions in the principles of market-oriented business
  management.
  (7) Undertake to protect freedom of expression for the employees of the
  United States economic cooperation project, including the freedom to seek,
  receive, and impart information and ideas of all kinds.
  (8) Discourage compulsory political indoctrination on the premises of the
  operations of the United States economic cooperation project.
  (9) Attempt to raise with the relevant agencies of the Chinese Government
  those individuals detained, arrested, or convicted since March 1989 solely
  for nonviolent expression of their political views, and to urge the officials
  concerned to release publicly a list of the names of those individuals.
  (c) PROMOTION OF PRINCIPLES TO OTHER NATIONS- The Secretary of State shall
  forward a copy of the principles set forth in subsection (b) to the member
  nations of the Organization for Economic Cooperation and Development and
  encourage them to promote principles similar to these principles.
SEC. 402. REGISTRATION REQUIREMENT.
  (a) IN GENERAL- The United States parent company of each United States
  economic cooperation project in the People's Republic of China or Tibet
  shall register with the Secretary of State and indicate whether the United
  States economic cooperation project will implement the principles set
  forth in section 401(b). No fee shall be required for registration under
  this subsection.
  (b) EFFECTIVE DATE- The registration requirement of subsection (a) shall
  take effect 6 months after the date of the enactment of this Act.
SEC. 403. REPORTING REQUIREMENT.
  (a) REPORT- The United States parent company of each United States economic
  cooperation project in the People's Republic of China or Tibet shall report
  to the Department of State describing the United States economic cooperation
  project's adherence to the principles set forth in section 401(b). The United
  States parent company providing such report shall do so by completing and
  submitting a reporting form furnished by the Department of State. The first
  report shall be submitted not later than 1 year after the date on which
  the United States economic cooperation project registers under section
  402 and not later than the end of each 1-year period occurring thereafter.
  (b) REVIEW OF REPORT- The Secretary of State shall review each report
  submitted under subsection (a) and determine whether the United States
  economic cooperation project which is the subject of the report is
  adhering to the principles. In order to verify the information submitted,
  the Secretary may request additional information from the United States
  parent company submitting the report and from other sources.
  (c) ANNUAL REPORT- The Secretary of State shall submit to the Congress
  and to the Secretariat of the Organization for Economic Cooperation and
  Development a report describing the level of adherence to the principles
  by United States economic cooperation projects subject to the reporting
  requirement of subsection (a). Such report shall be submitted not later
  than 2 years after the date of the enactment of this Act and not later
  than the end of each 1-year period occurring thereafter.
  (d) ASSISTANCE FROM PRIVATE PARTIES- The Secretary of State may use funds
  otherwise available to the Secretary for such purposes to enter into
  contracts with one or more private organizations or individuals to assist
  the Secretary in carrying out this section.
SEC. 404. DEFINITIONS.
  For purposes of this title--
  (1) the terms `adhere to the principles', `adhering to the principles'
  and `adherence to the principles' mean--
  (A) agreeing to implement the principles set forth in section 401(b);
  (B) implementing those principles by taking good faith measures with
  respect to each such principle; and
  (C) reporting accurately to the Department of State on the measures taken
  to implement those principles;
  (2) the term `United States economic cooperation project' means--
  (A) an enterprise legally incorporated in the People's Republic of China
  or Tibet--
  (i) which is either--
  (I) a wholly owned subsidiary of a corporation, partnership, or other
  business association organized under the laws of the United States; or
  (II) a joint venture undertaken by 2 or more persons, at least 1 of which is
  a wholly owned subsidiary of a corporation, partnership, or other business
  association organized under the laws of the United States; and
  (ii) which employs more than 50 individuals in the People's Republic of
  China or Tibet; or
  (B) a branch office or representative office of a corporation, partnership,
  or other business association organized under the laws of the United States,
  which employs more than 25 employees in the People's Republic of China
  or Tibet;
  (3) the term `United States parent company of a United States economic
  cooperation project' is a corporation, partnership, or other business
  association organized under the laws of the United States, of which--
  (A) the United States economic cooperation project, or (in the case of
  a United States economic cooperation project that is a joint venture)
  1 of the persons undertaking such project, is a wholly owned subsidiary; or
  (B) the United States economic cooperation project is a branch office or
  representative office; and
  (4) the term `organized under the laws of the United States' means organized
  under the laws of the United States, any State of the United States, the
  District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
  of the Northern Mariana Islands, or any other territory or possession of
  the United States.
SEC. 405. ENFORCEMENT OF CURRENT LAW.
  Beginning 3 months after the date of the enactment of this Act, and every
  12 months thereafter, the Secretary of State shall submit to the Committee
  on Foreign Affairs of the House of Representatives and the Committee on
  Foreign Relations of the Senate a report describing--
  (1) enforcement procedures with respect to the implementation of section
  307 of the Tariff Act of 1930 (19 U.S.C. 1307);
  (2) steps taken to investigate which goods, wares, articles, or merchandise
  are mined, produced, or manufactured, in whole or in part, by convict
  labor or forced labor in the People's Republic of China and Tibet; and
  (3) the results of such investigations.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. SOVIET MILITARY ASSISTANCE TO CUBA.
  It is the sense of the Congress that--
  (1) continuing Soviet military assistance provided to Cuba remains a
  serious problem in United States-Soviet relations; and
  (2) the Soviet Union or any successor confederation or entity should, in
  reexamining its relationship with Cuba, cease military assistance to the
  Castro regime and take all other possible steps to further the policies
  of Glasnost and Perestroika by adopting policies supporting the political,
  economic, and human rights of the Cuban people.
SEC. 502. ATTACKS AGAINST ISRAELIS AND ILLEGAL ACTIVITIES IN THE UNITED STATES.
  (a) REPORT ON IMPACT OF ATTACKS AGAINST ISRAELIS ON PEACE EFFORTS- Not later
  than 60 days after the date of the enactment of this Act, the President
  shall submit to the Congress an analysis of the impact on efforts to achieve
  peace in the Middle East of the following recent attacks against Israelis:
  (1) On May 28, 1989, an attack by the Popular Front for the Liberation
  of Palestine and the Palestine Liberation Front, both PLO-affiliated
  organizations, in which a one-year-old Israeli was injured by a Katyusha
  rocket.
  (2) On August 7, 1989, a rocket attack on the settlement of Maoz Haim by
  members of the PLO-affiliated Popular Front for the Liberation of Palestine.
  (3) On September 6, 1989, a rocket attack by the PLO-affiliated Popular
  Front for the Liberation of Palestine aimed at Kibbutz Tel-Katzir that
  fell on Kibbutz Sha'ar Hagolan.
  (4) On October 7, 1989, an attempted raid on Kibbutz Misgav-Am by a squad
  of terrorists armed with machine guns and anti-tank missiles from the
  PLO-aligned Palestine Liberation Front.
  (5) On January 26, 1990, an attack on an Israeli Army patrol by at least
  three terrorists of the PLO-affiliated Democratic Front for the Liberation
  of Palestine headed for Kibbutz Misgav-Am.
  (6) On February 4, 1990, an unprovoked ambush by the Popular Front for the
  Liberation of Palestine-General Command on an Israeli tour bus in Egypt
  that killed 9 and wounded 15 Israelis.
  (7) On April 13, 1990, an attempted infiltration into northern Israel by
  boat by four terrorists of Yasser Arafat's Al-Fatah, equipped with machine
  guns and grenades.
  (b) REPORT ON ILLEGAL ACTIVITIES IN THE UNITED STATES- Not later than 60 days
  after the date of the enactment of this Act, the Director of the Federal
  Bureau of Investigation shall submit to the Committee on Foreign Affairs
  of the House of Representatives and the Committee on Foreign Relations of
  the Senate a report, based on information available to the Director--
  (1) outlining illegal activities being undertaken in the United States by the
  Palestine Liberation Organization or on behalf of the Palestine Liberation
  Organization, including such activities as illegal drug trafficking,
  money laundering, weapons purchases, and arms shipments;
  (2) estimating the amount of funds associated with such activities; and
  (3) describing the extent to which members of the Executive Committee of
  the Palestine Liberation Organization, the Central Council of the Palestine
  Liberation Organization, and the Palestine National Council are aware of
  or are involved in such illegal activities.
Information contained in the report required by this subsection, including
information based on reports of foreign law enforcement agencies, shall
protect intelligence sources and methods and may be classified to the extent
necessary, consistent with existing law, to prevent the public disclosure
of such information.