[Congressional Record Volume 145, Number 79 (Monday, June 7, 1999)]
[Senate]
[Pages S6462-S6463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PRINTING OF AMENDMENT 394, AS MODIFIED

  Mr. LOTT. Mr. President, the Lott amendment (No. 394), as modified, 
passed the Senate on Thursday, May 27, 1999. The text of the Lott 
amendment, as modified, was printed in that day's Record. I ask 
unanimous consent that the Lott amendment, as modified and passed by 
the full Senate, be printed in the Record.
  There being no objection, the amendment was ordered to be printed in 
the Record, 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.--The 
     President shall promptly notify Congress whenever an export 
     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 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.
       ``(d) Protection of Classified and Other Sensitive 
     Information.--The Senate and the House of Representatives 
     shall each establish, by rule or resolution of such House, 
     procedures to protect from unauthorized disclosure classified 
     information, information relating to intelligence sources and 
     methods, and sensitive law enforcement information that is 
     furnished to Congress pursuant to this section.
       ``(e) Exception.--The requirements of subsections (a) and 
     (b) shall not apply if the President determines that 
     notification of Congress would jeopardize an ongoing criminal 
     investigation. If the President makes such a determination, 
     he shall provide written notification to the Majority Leader 
     of the Senate, the Minority Leader of the Senate, the Speaker 
     of the House of Representatives and the Minority Leader of 
     the House of Representatives. Such notification shall include 
     a justification for any such determination.''

     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 program within the 
     Agency as part of its satellite launch monitoring program.
       (b) Annual Report on Implementation of Satellite Technology 
     Safeguards.--(1) The Secretary of Defense and the Secretary 
     of State shall each 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:
       (A) A summary of the satellite launch campaigns and related 
     activities monitored by the Defense Threat Reduction Agency 
     during the preceding year.
       (B) A description of any license infractions or violations 
     that may have occurred during such campaigns and activities.
       (C) A description of the personnel, funds, and other 
     resources dedicated to the satellite launch monitoring 
     program of the Agency during that year.
       (D) 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.
       (2) Each report under paragraph (1) shall be submitted in 
     classified form and unclassified form.

     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, consistent with the need to protect classified, 
     law enforcement, or other sensitive information, timely 
     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 and 
     Secretary of Defense 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--

[[Page S6463]]

       (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.

     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 previously 
     been determined to be suitable for release to the public 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) Compliance.--The Director of the Federal Bureau of 
     Investigation shall have one year from the date of the 
     enactment of this Act to meet the responsibilities of the 
     Bureau under section 145 of the Atomic Energy Act of 1954, as 
     amended by this section.
       (d) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit to the congressional defense 
     committees, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives a report on the implementation 
     of the responsibilities of the Bureau under section 145 of 
     the Atomic Energy Act of 1954, as so amended.
       (e) 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 Director of Counterintelligence of the Department 
     of Energy may assign at least one employee from the pool 
     established under paragraph (1) to accompany a group of 
     Department employees or Department contractor employees who 
     travel to any nation designated to be a sensitive country for 
     laboratory-to-laboratory exchange activities or other 
     cooperative exchange activities on behalf of the Department.

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