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Beyond 'Fortress America': National Security Controls on Science and Technology in a Globalized World (2009)

Chapter: Appendix J: Export Control Legislation in the 110th Congress

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Suggested Citation:"Appendix J: Export Control Legislation in the 110th Congress." National Research Council. 2009. Beyond 'Fortress America': National Security Controls on Science and Technology in a Globalized World. Washington, DC: The National Academies Press. doi: 10.17226/12567.
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Page 131
Suggested Citation:"Appendix J: Export Control Legislation in the 110th Congress." National Research Council. 2009. Beyond 'Fortress America': National Security Controls on Science and Technology in a Globalized World. Washington, DC: The National Academies Press. doi: 10.17226/12567.
×
Page 132
Suggested Citation:"Appendix J: Export Control Legislation in the 110th Congress." National Research Council. 2009. Beyond 'Fortress America': National Security Controls on Science and Technology in a Globalized World. Washington, DC: The National Academies Press. doi: 10.17226/12567.
×
Page 133
Suggested Citation:"Appendix J: Export Control Legislation in the 110th Congress." National Research Council. 2009. Beyond 'Fortress America': National Security Controls on Science and Technology in a Globalized World. Washington, DC: The National Academies Press. doi: 10.17226/12567.
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Page 134

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Appendix J Export Control Legislation in the 110th Congress 1. H.R. 6828: Export Control Improvements Act Sponsor: Rep. Brad Sherman (D-CA) Cosponsors: Rep. Judy Biggert (R-IL), Rep. Donald Manzullo (R-IL), Rep. Adam Smith (D-WA), Rep. Gerald Weller (R-IL) H.R. 6828 was introduced before the House on August 1, 2008, and was referred to the House Committee on Foreign Affairs the House Committee on Homeland Security. The bill did not make it out of committee. H.R. 6828 would require electronic filing of export data through the Automated Export System, would set up conferences with mandatory participation by the secretaries of State, Defense, Homeland Security, and Treasury for information sharing and exporter education, would establish Automated Export System electronic registration for license filers, and would set up a judicial appeal process for contesting license decisions. 2. H.R. 5916: Security Assistance and Arms Export Control Reform Act Sponsor: Rep. Howard Berman (D-CA) Cosponsors: Rep. Joseph Crowley (D-NY), Rep. Donald Manzullo (R-IL), Rep. Ileana Ros-Lehtinen (R-FL), Rep. Brad Sherman (D-CA)   H.R. 5916 was introduced before the House on April 29, 2008. The bill passed in the House of Representatives on May 15, 2008, by voice vote. 131

132 APPENDIX J The Senate referred the bill to the Senate Committee on Foreign Rela- tions, but no subsequent action was taken.   H.R. 5916 directs the President to conduct a comprehensive review of the export controls system by March 31, 2009. H.R. 5916 attempts to improve license review by setting time limits for the review process, by capping the number of allowable unprocessed applications, and by allowing special licensing for spare and replacement parts to NATO, Australia, Japan, New Zealand, Israel, and South Korea. H.R. 5916 also authorizes a review of the United States Munitions List to possibly add additional controls.    3. H.R. 3633: To provide for export controls of certain times relating to civil aircraft Sponsor: Rep. Donald Manzullo (R-IL) Cosponsors: Rep. Todd Akin (R-MO), Rep. Earl Blumenauer (D-OR), Rep. Dan Burton (R-IN), Rep. Russ Carnahan (D-MO), Rep. Joseph Crowley (D-NY), Rep. Jeff Flake (R-AZ), Res.Com. Luis Fortuño (R-PR), Rep. Phil Hare (D-IL), Rep. Darlene Hooley (D-OR), Rep. Michael McCaul (R-TX), Rep. Ted Poe (R-TX), Rep. Ileana Ros-Lehtinen (R-FL), Rep. David Scott (D-GA), Rep. Adam Smith (D-WA), Rep. Ellen Tauscher (D-CA), Rep. Diane Watson (D-CA)   H.R. 3633 was introduced before the House on September 24, 2007, and was referred to the House Committee on Foreign Affairs. The bill did not make it out of committee. H.R. 3633 moves export control on civil aircraft, aircraft engines, and propellers, and all components and related technologies, to Export Administration Act authority. These items would then be relieved of military export controls under the Arms Export Control Act. 4. S. 3563: To authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security reasons for fiscal years 2009 and 2010, and for other purposes Sponsor: Sen. Christopher Dodd (D-CT) (no cosponsors)

APPENDIX J 133 S. 3563 was introduced on September 24, 2008, and referred to the Senate Committee on Foreign Relations. The original measure was then reported by committee to the Senate on September 24 and placed on the Senate Legislative Calendar, but no vote was ever taken.   S. 3563 casts a wide net in improving reporting and safeguards. S. 3563 would increase appropriations for administering the Arms Export Control Act, for overseeing IAEA safeguard, and for global pathogen surveillance. In addition, S. 3563 includes provisions for international military education and foreign assistance and authorizes payments for the International Space Station. 5. S. 2000: Export Enforcement Act of 2007 Sponsor: Sen. Christopher Dodd (D-CT) (no cosponsors) S. 2000 was introduced on August 3, 2007, and referred to the Senate Committee on Banking, Housing, and Urban Affairs. The bill did not make it through committee. S. 2000 primarily deals with penalties through two provisions: (1) setting a five-year statute of limitations for proceedings involving civil penal- ties and other sanctions; and (2) subjecting items lawfully seized to f ­ orfeiture. S. 2000 also amends the Export Administration Act to place the Office of Foreign Availability under the Under Secretary of Com- merce for Industry and Security.

Next: Appendix K: Commerce Control List Overlap with Multilateral Agreements »
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The national security controls that regulate access to and export of science and technology are broken. As currently structured, many of these controls undermine our national and homeland security and stifle American engagement in the global economy, and in science and technology. These unintended consequences arise from policies that were crafted for an earlier era. In the name of maintaining superiority, the U.S. now runs the risk of becoming less secure, less competitive and less prosperous.

Beyond "Fortress America" provides an account of the costs associated with building walls that hamper our access to global science and technology that dampen our economic potential. The book also makes recommendations to reform the export control process, ensure scientific and technological competitiveness, and improve the non-immigrant visa system that regulates entry into the United States of foreign science and engineering students, scholars, and professionals.

Beyond "Fortress America" contains vital information and action items for the President and policy makers that will affect the United States' ability to compete globally. Interested parties--including military personnel, engineers, scientists, professionals, industrialists, and scholars--will find this book a valuable tool for stemming a serious decline affecting broad areas of the nation's security and economy.

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