To require agreements entered into with certain foreign countries that involve the exchange or transfer of scientific or technological information to be submitted to the Secretary of Defense.

Requires the submission to the Secretary of Defense of any proposed agreement between an agency of the United States or any educational institution and the government of a proscribed country (as defined by the Export Administration Act of 1979) which may involve the exchange or transfer of any scientific or technological information. Requires that any further drafts of such agreements must be submitted to the Secretary before and after negotiations have been completed and before the agreement is signed by the parties.

Requires that any such agreement which is entered into by a department or agency of the United States must be submitted to the Congress as an international agreement.

Authorizes the President to issue such regulations as may be necessary to carry out this Act. Provides that any educational institution that violates this Act shall be subject to penalties under the Export Administration Act of 1979.

 
HR 397 IH
101st CONGRESS
1st Session
 H. R. 397
To require agreements entered into with certain foreign countries that
involve the exchange or transfer of scientific or technological information
to be submitted to the Secretary of Defense.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. SOLOMON introduced the following bill; which was referred jointly to
the Committees on Foreign Affairs and Armed Services
A BILL
To require agreements entered into with certain foreign countries that
involve the exchange or transfer of scientific or technological information
to be submitted to the Secretary of Defense.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SUBMISSION OF AGREEMENTS TO THE SECRETARY OF DEFENSE.
  (a) SUBMISSION OF PROPOSED AGREEMENTS- Before any department or agency of
  the United States, or any educational institution, begins negotiating any
  agreement with the government (including any instrumentality thereof) of
  any proscribed country, which may involve the exchange or transfer to such
  country of any scientific or technological information, that department,
  agency, or educational institution shall submit the proposed agreement to
  the Secretary of Defense.
  (b) SUBMISSION OF FURTHER DRAFTS- If the Secretary of Defense does not
  object to a proposed agreement submitted by a department, agency, or
  educational institution under subsection (a), then that department, agency,
  or educational institution shall submit to the Secretary of Defense the
  agreement, with its then current provisions, before and after negotiations
  therefor have been completed, and before the agreement is signed by the
  parties thereto.
SEC. 2. SUBMISSION TO CONGRESS.
  Any agreement described in section 1 which is entered into by a department
  or agency of the United States shall be considered to be an international
  agreement for purposes of section 112b of title 1, United States Code.
SEC. 3. DEFINITION.
  For purposes of this Act, the term `proscribed country' means any controlled
  country under section 5(b)(2) of the Export Administration Act of 1979,
  and any country which the President may designate by Executive order for
  purposes of this Act.
SEC. 4. REGULATIONS.
  The President shall issue such regulations as may be necessary to carry
  out this Act.
SEC. 5. PENALTIES AND ENFORCEMENT.
  (a) PENALTIES- Any educational institution that violates this Act, or any
  regulation issued to carry out this Act, shall be subject to the penalties
  set forth in section 11 of the Export Administration Act of 1979 for
  violations under that Act.
  (b) ENFORCEMENT- In carrying out functions under this Act, the President is
  authorized to exercise the same powers concerning violations and enforcement
  which are conferred upon departments, agencies, and officials by subsections
  (c), (d), (e), and (g) of section 11 of the Export Administration Act of
  1979, and by subsections (a) and (c) of section 12 of that Act, subject
  to the same terms and conditions as are applicable to such powers under
  that Act. Nothing in this subsection shall be construed as authorizing
  the withholding of information from the Congress.