John Sarbanes: “One of the difficulties I am having, as I hear the critics of this bill outline their concerns, I frequently find myself…”

“One of the difficulties I am having, as I hear the critics of this bill outline their concerns, I frequently find myself sharing their concerns but then not understanding why they fail to perceive the bill addresses their concerns. In other words, we have tried to cover this matter. The Senator from Arizona has spent a good deal of time talking about foreign availability but, in fact, the legislation specifically provides a whole procedure whereby the President can set aside a foreign availability status determination. That is in section 212. There is a detailed process by which he can set that aside. Furthermore, and much more importantly in a sense, in response to some of the points that were raised, we give the President in section 201(d) enhanced control authority. Let me read that authority: Notwithstanding any other provisions of this title, the President may determine that applying the provisions of section 204 or 211-- And 211 is the foreign availability mass marketing section-- with respect to any item on the National Security Control List would constitute a significant threat to the national security of the United States and that such item requires enhanced control.”