FAS Note: Section 1068 below would amend last year's Kyl amendment to require additional review of previously declassified documents.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
______
LOTT (AND OTHERS) AMENDMENT NO. 394
Mr. LOTT. (for himself, Mr. Warner, Mr. Shelby, Mr. Murkowski, Mr.
Domenici, Mr. Specter, Mr. Thomas, Mr. Kyl, and Mr. Hutchinson)
proposed an amendment to the bill (S. 1059) to authorize appropriations
for fiscal year 2000 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
On page 387, below line 24, add the following:
SEC. 1061. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY
UNITED STATES SATELLITE MANUFACTURERS.
(a) Notice to Congress of Investigations.--The President
shall promptly notify Congress whenever an investigation is
undertaken of an alleged violation of United States export
control laws in connection with a commercial satellite of
United States origin.
(b) Notice to Congress of Certain Export Waivers and
Licenses.--The President shall promptly notify Congress
whenever an export license or waiver is granted on behalf of
any United States person or firm that is the subject of an
investigation described in subsection (a). The notice shall
include a justification for the license or waiver.
(c) Notice in Applications.--It is the sense of Congress
that any United States person or firm subject to an
investigation described in subsection (a) that submits to the
United States an application for the export of a commercial
satellite should include in the application a notice of the
investigation.
SEC. 1062. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT
REDUCTION AGENCY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations--
(1) to authorize the personnel of the Defense Threat
Reduction Agency (DTRA) who monitor satellite launch
campaigns overseas to suspend such campaigns at any time if
the suspension is required for purposes of the national
security of the United States;
(2) to establish appropriate professional and technical
qualifications for such personnel;
(3) to allocate funds and other resources to the Agency at
levels sufficient to prevent any shortfalls in the number of
such personnel;
(4) to establish mechanisms in accordance with the
provisions of section 1514(a)(2)(A) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note)
that provide for--
(A) the allocation to the Agency, in advance of a launch
campaign, of an amount equal to the amount estimated to be
required by the Agency to monitor the launch campaign; and
(B) the reimbursement of the Department, at the end of a
launch campaign, for amounts expended by the Agency in
monitoring the launch campaign;
(5) to establish a formal technology training program for
personnel of the Agency who monitor satellite launch
campaigns overseas, including a structured framework for
providing training in areas of export control laws;
(6) to review and improve guidelines on the scope of
permissible discussions with foreign persons regarding
technology and technical information, including the
technology and technical information that should not be
included in such discussions;
(7) to provide, on at least an annual basis, briefings to
the officers and employees of United States commercial
satellite entities on United States export license standards,
guidelines, and restrictions, and encourage such officers and
employees to participate in such briefings;
(8) to establish a system for--
(A) the preparation and filing by personnel of the Agency
who monitor satellite launch campaigns overseas of detailed
reports of all activities observed by such personnel in the
course of monitoring such campaigns;
(B) the systematic archiving of reports filed under
subparagraph (A); and
(C) the preservation of such reports in accordance with
applicable laws; and
(9) to establish a counterintelligence office within the
Agency as part of its satellite launch monitoring program.
(b) Annual Report on Implementation of Satellite Technology
Safeguards.--The Secretary shall submit to Congress each
year, as part of the annual report for that year under
section 1514(a)(8) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999, the following:
(1) A summary of the satellite launch campaigns and related
activities monitored by the Defense Threat Reduction Agency
during the preceding year.
(2) A description of any license infractions or violations
that may have occurred during such campaigns and activities.
(3) A description of the personnel, funds, and other
resources dedicated to the satellite launch monitoring
program of the Agency during that year.
(4) An assessment of the record of United States satellite
makers in cooperating with Agency monitors, and in complying
with United States export control laws, during that year.
SEC. 1063. IMPROVEMENT OF LICENSING ACTIVITIES BY THE
DEPARTMENT OF STATE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prescribe regulations
to provide notice to the manufacturer of a commercial
satellite of United States origin of the reasons for a denial
or approval with conditions, as the case may be, of the
application for license involving the overseas launch of such
satellite.
SEC. 1064. ENHANCEMENT OF INTELLIGENCE COMMUNITY ACTIVITIES.
(a) Consultation with DCI.--The Secretary of State shall
consult with the Director of Central Intelligence throughout
the review of an application for a license involving the
overseas launch of a commercial satellite of United States
origin in order to assure that the launch of the satellite,
if the license is approved, will meet any requirements
necessary to protect the national security interests of the
United States.
(b) Advisory Group.--The Director of Central Intelligence
shall establish within the intelligence community an advisory
group to provide information and analysis to Congress upon
request, and to appropriate departments and agencies of the
Federal Government, on licenses involving the overseas launch
of commercial satellites of United States origin.
(c) Annual Reports on Efforts To Acquire Sensitive United
States Technology and Technical Information.--The Director of
Central Intelligence shall submit each year to Congress and
appropriate officials of the executive branch a report on the
efforts of foreign governments and entities during the
preceding year to acquire sensitive United States technology
and technical information. The report shall include an
analysis of the applications for licenses for export that
were submitted to the United States during that year.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
SEC. 1065. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should take all actions appropriate to
obtain a bilateral agreement with the People's Republic of
China to adhere to the Missile Technology Control Regime
(MTCR) and the MTCR Annex; and
(2) the People's Republic of China should not be permitted
to join the Missile Technology Control Regime as a member
without having--
(A) demonstrated a sustained and verified commitment to the
nonproliferation of missiles and missile technology; and
(B) adopted an effective export control system for
implementing guidelines under the Missile Technology Control
Regime and the MTCR Annex.
(b) Definitions.--In this section:
(1) The term ``Missile Technology Control Regime'' means
the policy statement, between the United States, the United
Kingdom, the Federal Republic of Germany, France, Italy,
Canada, and Japan, announced on April 16, 1987, to restrict
sensitive missile-relevant transfers based on the MTCR Annex,
and any amendments thereto.
(2) The term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the Missile Technology
Control Regime, and any amendments thereto.
SEC. 1066. UNITED STATES COMMERCIAL SPACE LAUNCH CAPACITY.
It is the sense of Congress that--
(1) Congress and the President should work together to
stimulate and encourage the expansion of a commercial space
launch capacity in the United States, including by taking
actions to eliminate legal or regulatory barriers to long-
term competitiveness in the United States commercial space
launch industry; and
(2) Congress and the President should--
(A) reexamine the current United States policy of
permitting the export of commercial satellites of United
States origin to the People's Republic of China for launch;
(B) review the advantages and disadvantages of phasing out
the policy over time, including advantages and disadvantages
identified by Congress, the executive branch, the United
States satellite industry, the United States space launch
industry, the United States telecommunications industry, and
other interested persons; and
(C) if the phase out of the policy is adopted, permit
launches of commercial satellites of United States origin by
the People's Republic of China only if--
(i) such launches are licensed as of the commencement of
the phase out of the policy; and
(ii) additional actions are taken to minimize the transfer
of technology to the People's Republic of China during the
course of such launches.
[[Page S6074]]
SEC. 1067. ANNUAL REPORTS ON SECURITY IN THE TAIWAN STRAIT.
(a) In General.--Not later than February 1 of each year,
beginning in the first calendar year after the date of
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report, in both
classified and unclassified form, detailing the security
situation in the Taiwan Strait.
(b) Report Elements.--Each report shall include--
(1) an analysis of the military forces facing Taiwan from
the People's Republic of China;
(2) an evaluation of additions during the preceding year to
the offensive military capabilities of the People's Republic
of China; and
(3) an assessment of any challenges during the preceding
year to the deterrent forces of the Republic of China on
Taiwan, consistent with the commitments made by the United
States in the Taiwan Relations Act (Public Law 96-8).
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Armed Services of
the Senate and the Committee on International Relations and
the Committee on Armed Services of the House of
Representatives.
SEC. 1068. DECLASSIFICATION OF RESTRICTED DATA AND FORMERLY
RESTRICTED DATA.
Section 3161(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2260; 50 U.S.C. 435 note) is amended by adding at
the end the following:
``(9) The actions to be taken to ensure that records
subject to Executive Order No. 12958 that have been released
into the public domain since 1995 are reviewed on a page by
page basis for Restricted Data or Formerly Restricted Data
unless such records have been determined to be highly
unlikely to contain Restricted Data or Formerly Restricted
Data.''.
On page 541, line 22, insert ``(A)'' after ``(4)''.
On page 542, between lines 2 and 3, insert the following:
(B) The chairman of the Commission may be designated once
five members of the Commission have been appointed under
paragraph (1).
On page 542, between lines 11 and 12, insert the following:
(8) The Commission may commence its activities under this
section upon the designation of the chairman of the
Commission under paragraph (4).
On page 546, strike lines 20 through 23.
On page 547, line 1, strike ``(3)'' and insert ``(2)''.
On page 564, between lines 17 and 18, insert the following:
SEC. 3164. CONDUCT OF SECURITY CLEARANCES.
(a) Responsibility of Federal Bureau of Investigation.--
Section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165)
is amended by striking ``the Civil Service Commission'' each
place it appears in subsections a., b., and c. and inserting
``the Federal Bureau of Investigation''.
(b) Conforming Amendments.--That section is further
amended--
(1) by striking subsections d. and f.; and
(2) by redesignating subsections e., g., and h. as
subsections d., e., and f., respectively; and
(3) in subsection d., as so redesignated, by striking
``determine that investigations'' and all that follows and
inserting ``require that investigations be conducted by the
Federal Bureau of Investigation of any group or class covered
by subsections a., b., and c. of this section.''.
(c) Technical Amendment.--Subsection f. of that section, as
so redesignated, is amended by striking ``section 145 b.''
and inserting ``subsection b. of this section''.
SEC. 3165. PROTECTION OF CLASSIFIED INFORMATION DURING
LABORATORY-TO-LABORATORY EXCHANGES.
(a) Provision of Training.--The Secretary of Energy shall
ensure that all Department of Energy employees and Department
of Energy contractor employees participating in laboratory-
to-laboratory cooperative exchange activities are fully
trained in matters relating to the protection of classified
information and to potential espionage and
counterintelligence threats.
(b) Countering of Espionage and Intelligence-Gathering
Abroad.--(1) The Secretary shall establish a pool of
Department employees and Department contractor employees who
are specially trained to counter threats of espionage and
intelligence-gathering by foreign nationals against
Department employees and Department contractor employees who
travel abroad for laboratory-to-laboratory exchange
activities or other cooperative exchange activities on behalf
of the Department.
(2) The Secretary shall ensure that at least one employee
from the pool established under paragraph (1) accompanies any
group of Department employees or Department contractor
employees who travel to any nation designated to be a
sensitive country by the Secretary of State.
______