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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.