NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
Amendment No. 4173
At the end of subtitle D of title X add the following:
SEC. 1044. SENSE OF THE SENATE CONCERNING EXPORT CONTROLS.
(a) Findings.--The Senate makes the following findings:
(1) Export controls are a part of a comprehensive response to national security threats. United States exports should be restricted where those threats exist to national security, nonproliferation, and foreign policy interests of the United States.
(2) The export of certain commodities and technology may adversely affect the national security and foreign policy of the United States by making a significant contribution to the military potential of individual countries or by disseminating the capability to design, develop, test, produce, stockpile, or use weapons of mass destruction, missile delivery systems, and other significant military capabilities. Therefore, the administration of export controls should emphasize the control of these exports.
(3) The acquisition of sensitive commodities and technologies by those countries and end users whose actions or policies run counter to United States national security of foreign policy interests may enhance the military capabilities of those countries, particularly their ability to design, develop, test, produce, stockpile, use, and deliver nuclear, chemical, and biological weapons, missile delivery systems, and other significant military capabilities. This enhancement threatens the security of the United States and its allies. The availability to countries and end users of items that contribute to military capabilities or the proliferation of weapons of mass destruction is a fundamental concern of the United States and should be eliminated through deterrence, negotiations, and other appropriate means whenever possible.
(4) The national security of the United States depends not only on wise foreign policies and a strong defense, but also a vibrant national economy. To be truly effective, export controls should be applied uniformly by all suppliers.
(5) On November 5, 1995, President William J. Clinton extended Executive Order No. 12938 regarding `Weapons of Mass Destruction', and `declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons and the means of delivering such weapons'.
(6) A successor regime to COCOM (the Coordinating Commission on Multilateral Controls) has not been established. Currently, each nation is determining independently which dual-use military items, if any, will be controlled for export.
(7) The United States should play a leading role in promoting transparency and responsibility with regard to the transfers of sensitive dual-use goods and technologies.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) establishing an international export control regime, empowered to control exports of dual-use technology, is critically important and should become a top priority for the United States; and
(2) the United States should strongly encourage its allies and friends to--
(A) adopt a commodity control list which governs the same or similar items as are controlled by the United States Commodity Control list;
(B) strengthen enforcement activities; and
(C) explore the use of unilateral export controls where the possibility exists that an export could contribute to proliferation.
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