S.Amdt. 3179

1. Adds Subtitle I--Safeguarding United States Satellite Leadership and Security SEC. 1091. SHORT TITLE at the end of title X

   Adds a section

   In S. 3254 · Placed on Calendar Senate

   (2) to strongly urge the Department of Defense to investigate innovative mechanisms (subject to all appropriate security requirements) to access to the pool of talent of non- United States citizens with advanced scientific and technical degrees from United States institutions of higher education, especially in those scientific and technical areas that are most vital to the national defense (such as those identified by the Assistant Secretary of Defense for Research and Engineering and the Armed Forces).

   Inserted: Subtitle I--Safeguarding United States Satellite Leadership and Security SEC. 1091. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Safeguarding United States Satellite Leadership and Security Act of 2012".

   Inserted: SEC. 1092. AUTHORITY TO DETERMINE APPROPRIATE EXPORT CONTROLS FOR SATELLITES AND RELATED ITEMS.

   Inserted: Notwithstanding any other provision of law, the President is authorized to determine the appropriate export controls of satellites and related items and transfer such items based on national security and foreign policy objectives from the jurisdiction of the International Traffic in Arms Regulations (22 CFR part 120 et seq.) to the Export Administration Regulations (15 CFR part 730 et seq.), consistent with the procedures in section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)).

   Inserted: SEC. 1093. PROHIBITION ON TRANSFERS TO THE PEOPLE'S REPUBLIC OF CHINA.

   Inserted: No satellite or related item made subject to the jurisdiction of the Export Administration Regulations pursuant to section 1092 may be transferred, directly or indirectly, to the Government of the People's Republic of China or any entity or person in or acting for or on behalf of the People's Republic of China or launched in the People's Republic of China or as part of a launch vehicle owned, operated, or manufactured by the Government of the People's Republic of China.

   Inserted: SEC. 1094. PROHIBITION ON TRANSFERS TO STATE SPONSORS OF TERRORISM AND NORTH KOREA.

   Inserted: No satellite or related item made subject to the jurisdiction of the Export Administration Regulations pursuant to section 1092 may be transferred, directly or indirectly, to--

   Inserted: (1) North Korea, Cuba, Iran, Sudan, Syria, or any country that is designated by the Secretary of State as supporting international terrorism under section 6 of the Export Administration Act (50 U.S.C. App. 2405(j) (as continued in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

   Inserted: (2) any entity or person in or acting for or on behalf of such a country; or

   Inserted: (3) as part of a launch vehicle owned, operated, or manufactured by the government of such a country.

   Inserted: SEC. 1095. RULE OF CONSTRUCTION REGARDING PRESIDENTIAL WAIVER AUTHORITY.

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   Inserted: Nothing in this subtitle shall be construed as removing or limiting the waiver authority of the President under part 126 of the International Traffic in Arms Regulations (22 CFR part 126), as in effect on the date of the enactment of this Act.

   Inserted: SEC. 1096. RULE OF CONSTRUCTION REGARDING SPECIAL EXPORT CONTROL AUTHORITIES.

   Inserted: Nothing in this subtitle shall be construed as removing or limiting existing authorities of the President under section 1514 (a) and (b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 22 U.S.C. 2778 note) with respect to defense articles that remain subject to the jurisdiction of the International Traffic in Arms Regulations or to otherwise take such actions as are necessary to implement requirements for improving national security controls in the export licensing of satellites, launch vehicles, and related items.

   Original wording

   At the end of title X, add the following:

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As printed