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U.S. Census Bureau                            Foreign Trade Division
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  Public Law 106-113, Consolidated Appropriations Act of 2000
 Subtitle E -  Automated Export System Relating to Export Information
Section 1251 - "Proliferation Prevention Enhancement Act of 1999"

                                
On November 29, 1999 the President signed (enacted) H.R. 3194 into 
law (i.e. Public Law 106-113).  Section 1252 of this law amends 
Title 13 U.S.C. Section 301 to add section (h) authorizing 
Commerce/Census to require by regulation mandatory reporting 
requirements for filing export information through the Automated 
Export System (AES).  The Act specifies that all items on the U.S. 
Munitions List (State) and the Commerce Control List (BXA) be 
reported using the AES whether or not a license is required.  This 
legislation will go into effect 270 days after the Departments of 
Commerce, Treasury, and the National Institute of Standards and 
Technology jointly certify to appropriate Senate and House 
Committees that a secure and functional AES is capable of handling 
and implementing the provisions and workload volume mandated by 
this legislation.

Section 1253 of this law states, in a sense of Congress 
resolution, that all exporters should be encouraged to use the AES 
to file all export information.

Section 1254 of this law requires the Department of Commerce, in 
consultation with the Departments of State, Defense, Treasury, 
Energy, and the CIA to submit a report to the appropriate committees 
of Congress no later than 180 days after the date of enactment 
(May 29, 2000) setting forth:

     (a)  The advisability and feasibility of mandating AES for all 
          SED information.
     (b)  The manner in which data gathered by the AES can most 
          effectively be used by other automated licensing systems 
          administered by other Federal agencies including
       (1)     Defense Trade Application System (State)
       (2)     Export Control Automated Support System (Commerce/BXA)
       (3)     Foreign Disclosure and Technology Information 
               System (Defense)
       (4)     Proliferation Information Network System (Energy)
       (5)     Enforcement Communication System (Treasury)
       (6)     Export Control System (CIA)
     (c)  A proposed timetable for any expansion of the information 
          required to be filed through AES. 

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Actions To Date

A.  AES Certification Report: The Office of Information Security, GSA 
completed its security assessments of the Customs AES mainframe and 
the Census Bureau AESDirect system.  The Census Bureau and Customs 
prepared the AES Certification Report and Secretary of Commerce, the 
Secretary of the Treasury, and the Director, National Institute of 
Standards and Technology approved the report and certified to the 
appropriate committees of Congress that AES and AESDirect are secure 
and functional systems capable of implementing the provisions of the
legislation.  The Census Bureau and Customs will submit the 
certification report to the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the House of 
Representatives.  The Census Bureau and Customs submitted this report 
to the House Committee on May 31, 2001 and the Senate Committee on
June 11, 2001.  This will make the effective date for mandatory AES 
filing for all items on the CCL and USML March  2002.  The exact 
date is dependent upon publication of appropriate regulations in the 
Federal Register.

B.  AES Feasibility Report: The Census Bureau coordinated with the 
six (6) licensing agencies listed above to report on the advisability 
and feasibility of mandating AES for all SED information and for 
determining the manner in which data gathered by AES can most 
effectively be used by the automated export licensing systems 
administered by the Federal agencies listed above.  The AES 
Feasibility Report was signed by the Secretary of Commerce on 
July 28, 2000 and submitted to the appropriate committees of Congress 
during the first week in August.  The report recommended that (1) AES 
be made mandatory for the filing of all shipper's export information 
and proposed a 4 phase implementation plan through the end of fiscal 
year 2005; (2) That data gathered through AES be made available to 
other Federal government licensing agencies based on their legal and
regulatory authority to have access to such export data (this will 
require agency specific and separate MOUs and data sharing agreements); 
and (3) The cost of implementing AES mandatory filing.  

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Regulations, Outreach, & Education Branch                    June 2001
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