NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999 (House of Representatives - May 21, 1998)

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Part D amendment No. 18 offered by Mr. Gibbons:

At the end of title XII (page 253, after line 3), insert the following new section:

SEC. 1206. RELEASE OF EXPORT INFORMATION HELD BY THE DEPARTMENT OF COMMERCE FOR PURPOSE OF NATIONAL SECURITY ASSESSMENTS.
(a) Release of Export Information: The Secretary of Commerce shall transmit any information relating to exports that is held by the Department of Commerce and is requested by the officials designated in subsection (b) for the purpose of assessing national security risks. The Secretary of Commerce shall transmit such information within 5 days after receiving a written request for such information. Information referred to in this section includes--

(1) export licenses, and information on exports that were carried out under an export license issued by the Department of Commerce; and

(2) information collected by the Department of Commerce on exports from the United States that were carried out without an export license.
(b) Requesting Officials: The officials referred to in subsection (a) are the Director of Central Intelligence, the Secretary of Defense, and the Secretary of Energy. The Director of Central Intelligence, the Secretary of Defense, and the Secretary of Energy may delegate to other officials within their respective agency and departments the authority to request information under subsection (b).

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Fiscal Year 1998 NDAA--Implications of Technology Transfer; `A Case Study of the Stall'

July 15, 1997--The HNSC recommended a study be conducted by the Defense Intelligence Agency (DIA) to study the distribution of United States and allied supercomputers to China, the former Soviet Union, Iran, Iraq, Syria and Libya to Assess the impact of Technology Transfers on:

Nuclear weapons design, development, manufacturing, performance and testing chemical and biological weapon design, development, manufacturing, performance and testing;

Design, development, manufacturing, performance and testing of major weapons platforms (tactical aircraft, cruise/ballistic missiles, submarines);

Anti-submarine warfare; command and control communications; intelligence collection, processing and dissemination; financial, commercial, government and military communications.

December 10, 1997--Chariman Spence and ranking minority member Dellums requested the study of DIA and asked for a report by 2 March 1998. Chairman Spence and Mr. Dellums also asked the Department of Energy to conduct a review concentrating on the impact of high performance computer exports on the design, development, manufacturing, performance and testing of nuclear weapons and associated delivery systems.

Early December 1997--The staffs of DIA and DOE submit oral requests for information from the Department of Commerce for all the info they have on supercomputers to the study target countries. The Department of Commerce is the executive agency with responsibility to control the export of sensitive technologies that have both military and civil applications. These oral requests were denied.

December 22, 1997--The Director, DIA, LTG Patrick Hughes wrote to the Deputy Secretary of Commerce and requested that the Commerce Department supply the information on supercomputer exports. The Commerce Department finally responded on 3 February 1998.

January 7, 1998--Chairman Spence and Mr. Dellums wrote to William Daley, Secretary of Commerce asking that the Department of Commerce provide the requested information to the DIA and DOE.

February 3, 1998--Under Secretary of Commerce William Reinsch responded to the December 22 letter from DIA.

Under Secretary Reinsch stated that Commerce would defer to the DCI on who should conduct the study that had been tasked to DIA and DOE. The CIA later attempted to transfer the requested information to the DIA and DOE but the Department of Commerce refused to allow such a transfer.

March 3, 1998--The Director, DIA wrote the HNSC that he could not complete the study because he was not able to obtain the necessary information from the Department of Commerce.

March 3, 1998--Chairman Floyd Spence of the House National Security Committee wrote to William Daley, Secretary of Commerce.

Chairman Spence stated his understanding that the Department of Commerce had declined the DIA and DOE requests for information on supercomputer exports.

Chairman Spence stated that, `I find the prospect that information is being denied to intelligence agencies that are attempting to determine the effect of illicit exports on U.S. national security highly disturbing and believe such dilatory tactics are indicative of a cavalier attitude by your department on matters of national security.'

Chairman Spence again requested the personal assurance of the Secretary of Commerce that Commerce would cooperate fully with the requested intelligence review.

March 3, 1998--the Secretary of Commerce responded to the January 7, 1998 letter from Chairman Spence and Ranking Minority Member Dellums.

Secretary Daley's letter stated, `the Department of Commerce has been in contact with the Director of Central Intelligence regarding this matter, and we intend to defer to his judgment on how to best proceed with respect to the conduct of the study.' (See the entry for February 3, above.)

March 9, 1998--the DIA and the DOE received `derivative' supercomputer export information from the Department of Commerce.

April 30, 1998--the Director of the DIA wrote to Under Secretary of Commerce Reinsch thanking him for the `derivative report' on the export of high performance computers but stating that the information provided by Commerce `does not provide the requisite data necessary to complete a comprehensive review.'

General Hughes asked Commerce to provide DIA with the raw export data obtained from U.S. supercomputer manufacturers so that DIA could conduct its own independent analysis.

May 19, 1998--as of this morning, Commerce has not provided any additional information to DIA to enable them to complete the study.

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