On the recordJune 13, 2018
I don't disagree that we need to send a strong message to people doing business with the United States. However, the Commerce Department has imposed a severe fine in the ZTE case--a $1.7 billion fine--in addition to penalties and compliance measures on ZTE, including the firing of its entire board and all senior executive leadership. That is not dissimilar to a commerce violation right here in the United States. If someone violates the rules and laws of our land, there are fines, penalties, and compliance measures that go along with that. In regard to these harsh penalties, Secretary Ross has just said: ``the strictest and largest settlement fine that has ever been brought by the Commerce Department against a violator of export controls.'' The Commerce Department has leveled a harsh but justified penalty. I agree that we need to send a strong message, and I think this does just that. However, the current NDAA managers' package would trample on the separation of powers and undercut the Trump administration's authority to impose these penalties. My amendment would prevent this year's NDAA from limiting the export control authority of the Secretary of Commerce. I don't dispute the threat that ZTE products pose, but, remember, the majority of the chips used in ZTE products are made right here in the United States. Our government should not use products from ZTE, Huawei, or any other company with such close links to the Chinese Government.…





