APPENDIX
E

Congressional Request for the Study

Omnibus Trade and Competitiveness Act, Section 2433 STUDY ON NATIONAL SECURITY EXPORT CONTROLS

  1. ARRANGEMENTS FOR AND CONTENTS OF STUDY.—

  1. ARRANGEMENTS FOR CONDUCTING STUDY.—The Secretary of Commerce and the Secretary of Defense, not later than 60 days after the date of the enactment of this Act, shall enter into appropriate arrangements with the National Academy of Sciences and the National Academy of Engineering (hereafter in this section referred to as the ''Academies") to conduct a comprehensive study of the adequacy of the current export administration system in safeguarding United States national security while maintaining United States international competitiveness and Western technological preeminence.

  2. REQUIREMENTS OF STUDY.—Recognizing the need to minimize the disruption of United States trading interests while preventing Western technology from enhancing the development of the military capabilities of controlled countries, the study shall—

  1. identify those goods and technologies which are likely to make crucial differences in the military capabilities of controlled countries, and identify which of those goods and technologies controlled countries already possess or are available to controlled countries from other sources;

  2. develop implementable criteria by which to define those goods and technologies;



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OCR for page 304
Finding Common Ground: U.S. Export Controls in a Changed Global Environment APPENDIX E Congressional Request for the Study Omnibus Trade and Competitiveness Act, Section 2433 STUDY ON NATIONAL SECURITY EXPORT CONTROLS ARRANGEMENTS FOR AND CONTENTS OF STUDY.— ARRANGEMENTS FOR CONDUCTING STUDY.—The Secretary of Commerce and the Secretary of Defense, not later than 60 days after the date of the enactment of this Act, shall enter into appropriate arrangements with the National Academy of Sciences and the National Academy of Engineering (hereafter in this section referred to as the ''Academies") to conduct a comprehensive study of the adequacy of the current export administration system in safeguarding United States national security while maintaining United States international competitiveness and Western technological preeminence. REQUIREMENTS OF STUDY.—Recognizing the need to minimize the disruption of United States trading interests while preventing Western technology from enhancing the development of the military capabilities of controlled countries, the study shall— identify those goods and technologies which are likely to make crucial differences in the military capabilities of controlled countries, and identify which of those goods and technologies controlled countries already possess or are available to controlled countries from other sources; develop implementable criteria by which to define those goods and technologies;

OCR for page 304
Finding Common Ground: U.S. Export Controls in a Changed Global Environment demonstrate how such criteria would be applied to the control list by the relevant agencies to revise the list, eliminate ineffective controls, and strengthen controls; develop proposals to improve United States and multilateral assessments of foreign availability of goods and technology subject to export controls; and develop proposals to improve the administration of the export control program, including procedures to ensure timely, predictable, and effective decision-making. ADVISORY PANEL.—In conducting the study under subsection (a), the Academies shall appoint an Advisory Panel of not more than 24 members who shall be selected from among individuals in private life who, by virtue of their experience and expertise, are knowledgeable in relevant scientific, business, legal, or administrative matters. No individual may be selected as a member who, at the time of his or her appointment, is an elected or appointed official or employee in the executive, legislative, or judicial branch of the Government. In selecting members of the Advisory Panel, the Academies shall seek suggestions from the President, the Congress, and representatives of industry and the academic community. EXECUTIVE BRANCH COOPERATION.—The Secretary of Commerce, the Secretary of Defense, the Secretary of State, the Director of the Central Intelligence Agency, and the head of any department or agency that exercises authority in export administration— shall furnish to the Academies, upon request and under appropriate safeguards, any classified or unclassified information which the Academies determine to be necessary for the purposes of conducting the study required by this section; and shall work with the Academies on such problems related to the study as the Academies consider necessary— REPORT.—Under the direction of the Advisory Panel, the Academies shall prepare and submit to the President and the Congress, not later than 18 months after entering into the arrangements referred to in subsection (a), a report which contains a detailed statement of the findings and conclusions of the Academies pursuant to the study conducted under subsection (a), together with their recommendations for such legislative or regulatory reforms as they consider appropriate. AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $900,000 to carry out this section.