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24 September 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html
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[Congressional Record: September 22, 1998 (House)]
[Page H8148-H8198]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22se98-24]
[[pp. H8148-H8198]] CONFERENCE REPORT ON H.R. 3616
[National Defense Authorization Act for 1999]
[Snip]
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle D--Other Matters
SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT TO COMMUNIST
CHINESE MILITARY COMPANIES.
(a) Presidential Authority.--
(1) In general.--The President may exercise IEEPA
authorities (other than authorities relating to importation)
without regard to section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) in the case of any
commercial activity in the United States by a person that is
on the list published under subsection (b).
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) apply to violations of any license, order, or
regulation issued under paragraph (1).
(3) Ieepa authorities.--For purposes of paragraph (1), the
term ``IEEPA authorities'' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(a)).
(b) Determination and Publication of Communist Chinese
Military Companies Operating in United States.--
(1) Initial determination and publication.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense shall make a determination of those
persons operating directly or indirectly in the United States
or any of its territories and possessions that are Communist
Chinese military companies and shall publish a list of those
persons in the Federal Register.
(2) Revisions to list.--The Secretary of Defense shall make
additions or deletions to the list published under paragraph
(1) on an ongoing basis based on the latest information
available.
(3) Consultation.--The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1)
and (2):
(A) The Attorney General.
(B) The Director of Central Intelligence.
(C) The Director of the Federal Bureau of Investigation.
(4) Communist chinese military company.--For purposes of
making the determination required by paragraph (1) and of
carrying out paragraph (2), the term ``Communist Chinese
military company'' means--
(A) any person identified in the Defense Intelligence
Agency publication numbered VP-1920-271-90, dated September
1990, or PC-1921-57-95, dated October 1995, and any update of
those publications for the purposes of this section; and
(B) any other person that--
(i) is owned or controlled by the People's Liberation Army;
and
(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
(c) People's Liberation Army.--For purposes of this
section, the term ``People's Liberation Army'' means the
land, naval, and air military services, the police, and the
intelligence services of the Communist Government of the
People's Republic of China, and any member of any such
service or of such police.