Summary: S.320 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (02/20/1991)

Omnibus Export Amendments Act of 1991 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1991 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only).

Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978. Requires any such data that is subject to licensing requirements to be included on such control list concurrent with implementation of the Core List agreed to by the Coordinating Committee (CoCom).

Declares that no later than December 31, 1991, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with CoCom. Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users.

Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country.

Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met.

Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required.

Requires the Secretary to revise the "Processing Data Rate" which is used to determine licensing requirements for computers (other than supercomputers).

Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system.

Requires the Secretary to issue regulations implementing the agreement reached in the Coordinating Committee High Level Meeting of June 6 and 7, 1990, relating to removal of controls, national discretion, and favorable consideration of export licenses.

Directs the Secretary of State to seek the approval of CoCom with respect to the proposal that no permission be required to export computers (the export of which to China would require only notification of CoCom members) to any country. Requires the Secretary to submit to specified congressional committees a report describing the implementation of the agreement reached at the CoCom Meeting.

Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Terminates such prohibition on June 30, 1992.

Requires the Secretary of State to propose to the CoCom as part of the U.S. "Core List" proposal that countries of a lesser strategic threat should, in the case of telecommunications exports, be accorded the CoCom's least restrictive control procedures.

Directs the United States, with respect to such countries, to propose to the CoCom that exports of computer network software and related equipment for civilian end use be accorded the same licensing treatment as that permitted for computer systems exported for interconnection to such networks, and be treated in accordance with telecommunications controls established by the CoCom.

Requires the President to submit to specified congressional committees a study of the national security implications of the transfer of telecommunications equipment and technology to controlled countries under the Act.

Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures.

Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the Soviet Union; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions.

Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to: (1) review for removal, at least once each year, all goods and technology on the control list; and (2) make such review the basis for proposed revision of the International Industrial List.

Terminates, as of September 30, 1992, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for termination of all controls on exports to any controlled country, except in certain circumstances.

Requires the Secretary of State, no later than November 1, 1992, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries.

Declares that 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 goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created.

Declares that, in specified circumstances, approval shall be presumed for license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes.

Declares that any license for the export of goods or technology shall also authorize the export of operation technical data related to such items, whether or not such data is referenced in such license, if the technical level of the data does not exceed the minimum level necessary to install, repair, or use such items.

Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees.

Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology.

Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted.

Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries.

Makes the Secretary a member of the permanent U.S. delegation to CoCom.

Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom.

Requires the Secretary to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom.

Authorizes the Secretary to approve, only after consulting with the Secretary of Defense and the Secretary of State, license applications for the export of goods and technology to: (1) countries of concern regarding missile and chemical and biological weapons proliferation; and (2) Iran, Iraq, Libya, Syria or any other country which has supported international terrorism. Requires the Secretary of State to maintain a list of such countries. Sets forth requirements with respect to the approval or denial of license applications.

Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States.

Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person.

Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States.

Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce.

Provides for the judicial review of specified determinations made under the Act.

Urges the U.S. representative to CoCom to oppose preferential treatment in the licensing of exports to China because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a country or project of concern.

Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive this ban on a case-by-case basis.

Expresses the sense of the Congress that no exports to the Soviet Union may be licensed: (1) until the President certifies to the Congress that such country has entered into negotiations with Lithuania with respect to its self-determination; and (2) if it restricts the emigration of Jews.

Amends Federal law to prohibit the issuance of a license to U.S.-owned firms (subsidiaries) to carry on certain trade activities with Cuba.

Amends the Act to authorize appropriations to the Department of Commerce for FY 1991.

Extends the Act through June 30, 1992.

Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to increase from eight to 12 the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister-Counselor. Requires the Secretary to report to the Congress on the adequacy of the training of officers and employees of the United States and Foreign Commercial Service in areas of writing commercial reports, language skills, cultural awareness, and public speaking.

Includes within the definition of "multilateral development bank" the European Bank for Reconstruction and Development.

Directs the Secretary to increase the number of Commercial Service Officers by two in each of the five countries with which the United States had the greatest trade deficit in calendar year 1990.

Revises the qualifications of participants in the Market Development Cooperator Program to include expertise in the area of methods of distribution of goods and services.

Requires the Secretary of State, not later than May 31 of each year (currently, every January 31), to report to specified congressional committees on the economic policy and trade practices of every country the United States has as a trading partner.

Requires the Secretary to submit, not later than May 31 of each year, a report on the international economic position of the United States.

Requires the Comptroller General, not later than June 30, 1991, to transmit to specified congressional committees a report that: (1) analyzes ways to promote U.S. exports; and (2) addresses the progress of Federal and State coordination of export promotion activities.

Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1991 for the Department of Commerce for export promotion programs.

Amends the Export-Import Bank Act of 1945 to require the Export-Import Bank to expend all amounts appropriated to the interest subsidy payment program for payments to commercial lending institutions and other lenders with respect to loans made by such lenders to support the export of U.S. goods and services. (Currently, the Bank has only discretionary authority to expend such amounts.) Extends such program through FY 1992. Authorizes appropriations.

Requires the President to report to specified congressional committees about why Export-Import Bank funding for exports to Yugoslavia has not been restricted because of its human rights violations.

Amends the International Development and Finance Act of 1989 to repeal provisions regarding: (1) the reimbursement of travel and subsistence expenses incurred by Export-Import Bank employees; and (2) limitations on the authorization of appropriations for FY 1990 through 1992 to the Tied Aid Credit Fund.

Title III: Missile Technology - Declares it to be U.S. policy to take appropriate measures to discourage the proliferation of technology to produce or acquire missiles of mass destruction.

Amends the Act to require the Secretary of State to negotiate with other foreign countries, including member countries of CoCom, the Missile Technology Control Regime (MTCR), the Australia Group, and the Nuclear Suppliers' Group, with respect to their cooperation in restricting the export of goods and technology that can be used in making chemical, biological, nuclear, and other weapons systems.

Requires the Secretary to establish, as part of the control list, a list of all dual use goods and technology on the MTCR Annex (which may also include goods and technology that would provide an impact on the development of missile delivery systems and are not included in the MTCR Annex but which the United States is proposing to include on such Annex).

Declares that the Secretary shall require a license for the export of listed items: (1) to another country; and (2) that the exporter knows is destined for a project or facility for the design, development, or manufacture of a missile in a country that is not an MTCR adherent. Provides for the denial of such licenses if the ultimate consignee of such items is a facility in a country that: (1) is not an adherent to the MTCR and the facility is designed to develop missiles; and (2) has repeatedly provided support for terrorism.

Requires the Secretary to establish a procedure for sharing information with appropriate intelligence officials that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.

Directs the President to impose certain sanctions against persons who export, transfer, or otherwise engage in the trade of any MTCR item in violation of the U.S. export control laws. Declares such sanctions to include: (1) the denial of an export license; and (2) other appropriate penalties. Provides for the waiver of such sanctions.

Amends the Arms Export Control Act to require the Secretary of State to establish, as part of the U.S. Munitions List, a list of all MTCR items that are not controlled under a specified section of the Act. Provides for sanctions against U.S. or foreign persons who export, transfer, or otherwise engage in the trade of MTCR items in violation of the U.S. export control laws.

Directs the President to report to the Congress on international transfers of aircraft the Secretary of State has reason to believe may be intended for use in delivery of nuclear, biological, or chemical weapons.

Title IV: Chemical and Biological Weapons Proliferation - Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 - Subtitle A: Measures to Prevent the Proliferation of Chemical and Biological Weapons - Declares it is U.S. policy to: (1) seek multilaterally coordinated efforts with other countries to control the proliferation of chemical and biological weapons; and (2) strengthen efforts to control chemical agents, precursors, and equipment.

Requires the President to use the U.S. export control laws to control the export of defense articles, defense services, goods, and technologies that he determines would assist a country in acquiring the capability to produce or use such weapons.

Amends the Act to require the Secretary to establish a list of goods and technology that would assist a foreign government or group in acquiring chemical or biological weapons. Requires a validated export license for the export of such items to another country.

Requires the President to impose certain sanctions against foreign persons if he determines that they knowingly contributed to the efforts of a country to acquire, use, or stockpile chemical or biological weapons. Declares such sanctions to include: (1) denial of U.S. procurement contracts for goods or services from such foreign persons; and (2) prohibition against importation of products from such persons. Authorizes the President to: (1) waive imposition of such sanctions if he determines that is in the national security interests of the United States; or (2) delay sanctions if the appropriate foreign government is taking effective steps to terminate the involvement of the foreign person in such activities.

Amends the Arms Export Control Act to set forth similar provisions.

Subtitle B: Sanctions Against the Use of Chemical and Biological Weapons - Requires the President to make a determination with respect to whether a country has used chemical or biological weapons in violation of international law or has used lethal chemical or biological weapons against its own nationals. Authorizes specified congressional committees to request the President to make such determination with respect to the use of such weapons.

Requires the President to impose certain sanctions against foreign countries that have been found to have used such weapons. Declares such sanctions to include: (1) termination of assistance under the Foreign Assistance Act of 1961 (except humanitarian assistance and agricultural commodities); (2) termination of arms sales and arms sales financing; (3) opposition to the extension of multilateral development bank assistance; (4) denial of U.S. credit; (5) prohibition of U.S. bank loans (except for loans for purchasing agricultural commodities); (6) prohibition of the export of certain goods and technology; (7) restriction on the import of such country's goods, including petroleum products; (8) suspension of diplomatic relations; and (9) termination of air carrier landing rights. Provides for the removal and waiver of such sanctions.

Subtitle C: Reporting Requirements - Requires the President to submit to the Congress annual reports on the efforts of countries to acquire chemical or biological weapons.

Title V: Sanctions Against Iraq - Iraq International Law Compliance Act of 1991 - Subtitle A: Response to Iraq's Invasion of Kuwait - Requires the President to consult with the Congress with respect to Iraq's invasion of Kuwait, including U.S. actions.

Requires the President to continue to impose the trade embargo (except humanitarian assistance) and other economic sanctions against Iraq and Kuwait. Requires the Congress to be notified with respect to exceptions to and termination of such sanctions.

Authorizes the President to prohibit the importation of the products of a foreign country that has not prohibited the importation or exportation of products to or from Iraq if he determines such action would promote the effectiveness of U.N. economic sanctions against Iraq and is consistent with the national interest. Sets forth both civil and criminal penalties for violations of the embargo.

Subtitle B: Response to Iraq's Long-Standing Violations of International Law - Urges the President to seek multilateral cooperation to: (1) deny dangerous technologies to Iraq; (2) induce it to respect internationally recognized human rights; and (3) induce it to allow international humanitarian and human rights organizations to have access there and in Kuwait, including northern Iraq traditionally inhabited by Kurds.

Requires the imposition of certain sanctions against Iraq, including: (1) denial of arms sales and arms sales financing; (2) prohibition on the export of goods and technology; (3) denial of licenses for the export of nuclear material; and (4) denial of certain economic assistance. Authorizes the President to waive such sanctions if he makes a specified certification to the Congress.

Title VI: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba.

Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation Organization (PLO) attacks against Israelis.

Directs the Secretary of the Treasury to submit to the Congress a report on illegal activities of the PLO in the United States.

Expresses the sense of the Senate that the Department of Defense is to be commended for its efforts in being sensitive to the family needs of members of the Armed Forces consistent with military requirements. Urges the Secretary of Defense to prescribe regulations governing the assignment of such Armed Forces members who are parents of minor children, which should provide that: (1) policies and procedures are uniform among the military departments; (2) such parents are required to establish adequate child care arrangements in the event of deployment; (3) appropriate consideration is given to their unique needs; (4) standards and procedures are prescribed to provide consideration of requests for reassignment, leave, or deferment from deployment based on unforeseen family circumstances; and (5) appropriate consideration is given to the requirements of military readiness.

Prohibits a foreign person from violating any executive order or other regulation implementing the United Nations Security Council's economic embargo against Iraq. Authorizes the President to: (1) issue an order requiring a person who has violated such order or regulation to cease and desist; and (2) prohibit such person from acquiring real property or other asset in the United States.

Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to authorize the imposition of the death penalty for any individual who kills a person with the intent to commit an act of terrorism while such person is inside the United States, or kills a U.S. national while such national is outside of the United States, if the killing is a first degree murder.

Sets forth procedures for the imposition of the death penalty. Requires that a defendant be sentenced to death for a death-eligible offense if, after consideration of specified mitigating and aggravating factors, the defendant is found beyond a reasonable doubt, at a special hearing, to have intentionally: (1) killed the victim; (2) participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (3) acted with reckless disregard for human life and substantially engages in conduct knowing that such act created a grave risk of death to a person.

Prohibits sentencing to death any person who was under age 18 at the time of the offense.

Sets forth provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of a special hearing to determine whether a sentence of death is justified, mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death.

Requires the court, in a hearing held before a jury, to instruct the jury that, in considering whether a death sentence is justified, it shall not consider the race, color, national origin, creed, or sex of the defendant.

Prohibits carrying out a death sentence on a woman while pregnant.

Prohibits requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at or to participate in any execution carried out under this title if such participation is contrary to the employee's moral or religious convictions.

Authorizes the use of State or local facilities and employees to carry out the death penalty.

Sets forth both criminal and civil penalties for persons who knowingly contribute to the production, transport, or use of biological or chemical weapons which kill, maim or injure a U.S. national. Makes such act an act of international terrorism (subject to the death penalty) and not an act of war.