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. ______