H. R. 3616—257
(3) MANDATORY LICENSES FOR CRASH-INVESTIGATIONS.—In
the event of the failure of a launch from a foreign country
of a satellite of United States origin—
(A) the activities of United States persons or entities
in connection with any subsequent investigation of the
failure are subject to the controls established under section
38 of the Arms Export Control Act, including requirements
for licenses issued by the Secretary of State for participa-
tion in that investigation;
(B) officials of the Department of Defense shall monitor
all activities associated with the investigation to insure
against unauthorized transfer of technical data or services;
and
(C) the Secretary of Defense shall establish and imple-
ment a technology transfer control plan for the conduct
of the investigation to prevent the transfer of information
that could be used by the foreign country to improve its
missile or space launch capabilities.
(4) MANDATORY
NOTIFICATION
AND
CERTIFICATION.—All
technology transfer control plans for satellites or related items
shall require any United States person or entity involved in
the export of a satellite of United States origin or related
items to notify the Department of Defense in advance of all
meetings and interactions with any foreign person or entity
providing launch services and require the United States person
or entity to certify after the launch that it has complied with
this notification requirement.
(5) MANDATORY
INTELLIGENCE
COMMUNITY
REVIEW.—The
Secretary of Commerce and the Secretary of State shall provide
to the Secretary of Defense and the Director of Central Intel-
ligence copies of all export license applications and technical
assistance agreements submitted for approval in connection
with launches in foreign countries of satellites to verify the
legitimacy of the stated end-user or end-users.
(6) MANDATORY
SHARING
OF
APPROVED
LICENSES
AND
AGREEMENTS.—The Secretary of State shall provide copies of
all approved export licenses and technical assistance agree-
ments associated with launches in foreign countries of satellites
to the Secretaries of Defense and Energy, the Director of Cen-
tral Intelligence, and the Director of the Arms Control and
Disarmament Agency.
(7) MANDATORY NOTIFICATION TO CONGRESS ON LICENSES.—
Upon issuing a license for the export of a satellite or related
items for launch in a foreign country, the head of the depart-
ment or agency issuing the license shall so notify Congress.
(8) MANDATORY REPORTING ON MONITORING ACTIVITIES.—
The Secretary of Defense shall provide to Congress an annual
report on the monitoring of all launches in foreign countries
of satellites of United States origin.
(9) ESTABLISHING
SAFEGUARDS
PROGRAM.—The Secretary
of Defense shall establish a program for recruiting, training,
and maintaining a staff dedicated to monitoring launches in
foreign countries of satellites and related items of United States
origin.
(b) EXCEPTION.—This section shall not apply to the export
of a satellite or related items for launch in, or by nationals of,
H. R. 3616—258
a country that is a member of the North Atlantic Treaty Organiza-
tion or that is a major non-NATO ally of the United States.
(c) EFFECTIVE DATE.—The President shall take the actions
required by subsection (a) not later than 45 days after the date
of the enactment of this Act.
SEC. 1515. REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEO-
PLE’S REPUBLIC OF CHINA.
(a) REQUIREMENT
FOR
REPORT.—Each report to Congress
submitted pursuant to subsection (b) of section 902 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
2151 note; Public Law 101–246) to waive the restrictions contained
in subsection (a) of that section on the export to the People’s
Republic of China of any satellite of United States origin or related
items shall be accompanied by a detailed justification setting forth
the following:
(1) A detailed description of all militarily sensitive
characteristics integrated within, or associated with, the sat-
ellite.
(2) An estimate of the number of United States civilian
contract personnel expected to be needed in country to carry
out the proposed satellite launch.
(3)(A) A detailed description of the United States Govern-
ment’s plan to monitor the proposed satellite launch to ensure
that no unauthorized transfer of technology occurs, together
with an estimate of the number of officers and employees
of the United States that are expected to be needed in country
to carry out monitoring of the proposed satellite launch; and
(B) the estimated cost to the Department of Defense of
monitoring the proposed satellite launch and the amount of
such cost that is to be reimbursed to the department.
(4) The reasons why the proposed satellite launch is in
the national security interest of the United States.
(5) The impact of the proposed export on employment in
the United States, including the number of new jobs created
in the United States, on a State-by-State basis, as a direct
result of the proposed export.
(6) The number of existing jobs in the United States that
would be lost, on a State-by-State basis, as a direct result
of the proposed export not being licensed.
(7) The impact of the proposed export on the balance of
trade between the United States and the People’s Republic
of China and on reducing the current United States trade
deficit with the People’s Republic of China.
(8) The impact of the proposed export on the transition
of the People’s Republic of China from a nonmarket economy
to a market economy and the long-term economic benefit to
the United States.
(9) The impact of the proposed export on opening new
markets to United States-made products through the purchase
by the People’s Republic of China of United States-made goods
and services not directly related to the proposed export.
(10) The impact of the proposed export on reducing acts,
policies, and practices that constitute significant trade barriers
to United States exports or foreign direct investment in the
People’s Republic of China by United States nationals.
H. R. 3616—259
(11) The increase that will result from the proposed export
in the overall market share of the United States for goods
and services in comparison to Japan, France, Germany, the
United Kingdom, and Russia.
(12) The impact of the proposed export on the willingness
of the People’s Republic of China to modify its commercial
and trade laws, practices, and regulations to make United
States-made goods and services more accessible to that market.
(13) The impact of the proposed export on the willingness
of the People’s Republic of China to reduce formal and informal
trade barriers and tariffs, duties, and other fees on United
States-made goods and services entering that country.
(b) MILITARILY SENSITIVE CHARACTERISTICS DEFINED.—In this
section, the term ‘‘militarily sensitive characteristics’’ includes
antijamming capability, antennas, crosslinks, baseband processing,
encryption devices, radiation-hardened devices, propulsion systems,
pointing accuracy, kick motors, and other such characteristics as
are specified by the Secretary of Defense.
SEC. 1516. RELATED ITEMS DEFINED.
In this subtitle, the term ‘‘related items’’ means the satellite
fuel, ground support equipment, test equipment, payload adapter
or interface hardware, replacement parts, and non-embedded solid
propellant orbit transfer engines described in the report submitted
to Congress by the Department of State on February 6, 1998,
pursuant to section 38(f ) of the Arms Export Control Act (22 U.S.C.
2778(f )).
Subtitle C—Other Export Control Matters
SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) FUNCTIONS OF THE UNDER SECRETARY FOR POLICY.—Section
134(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
‘‘(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary shall have responsibility
for supervising and directing activities of the Department of Defense
relating to export controls.’’.
(b) ESTABLISHMENT OF DEPUTY UNDER SECRETARY FOR TECH-
NOLOGY SECURITY POLICY.—(1) Chapter 4 of title 10, United States
Code, is amended by inserting after section 134a the following
new section:
‘‘§ 134b. Deputy Under Secretary of Defense for Technology
Security Policy
‘‘(a) There is in the Office of the Under Secretary of Defense
for Policy a Deputy Under Secretary of Defense for Technology
Security Policy.
‘‘(b) The Deputy Under Secretary serves as the Director of
the Defense Technology Security Administration (or any successor
organization charged with similar responsibilities).
‘‘(c) The principal duties of the Deputy Under Secretary are—
‘‘(1) assisting the Under Secretary of Defense for Policy
in supervising and directing the activities of the Department
of Defense relating to export controls; and
H. R. 3616—260
‘‘(2) assisting the Under Secretary of Defense for Policy
in developing policies and positions regarding the appropriate
export control policies and procedures that are necessary to
protect the national security interests of the United States.
‘‘(d) The Deputy Under Secretary shall perform such additional
duties and exercise such authority as the Secretary of Defense
may prescribe.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 134a
the following new item:
‘‘134b. Deputy Under Secretary of Defense for Technology Security Policy.’’.
(c) TIME FOR IMPLEMENTATION.—The Secretary of Defense shall
complete the actions necessary to implement the amendment made
by subsection (a) and to establish the office of Deputy Under Sec-
retary of Defense for Technology Security Policy in accordance
with section 134b of title 10, United States Code, as added by
subsection (b), not later than 60 days after the date of the enactment
of this Act.
(d) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the plans of the Secretary for implementing the amendments
made by subsections (a) and (b). The report shall include the follow-
ing:
(1) A description of any organizational changes that are
to be made within the Department of Defense to implement
those amendments.
(2) A description of the role of the Chairman of the Joint
Chiefs of Staff in the export control activities of the Department
of Defense after those subsections are implemented, together
with a discussion of how that role compares to the Chairman’s
role in those activities before the implementation of those sub-
sections.
SEC. 1522. RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF
COMMERCE TO OTHER AGENCIES FOR PURPOSE OF
NATIONAL SECURITY ASSESSMENT.
(a) RELEASE OF EXPORT INFORMATION.—The Secretary of Com-
merce shall, upon the written request of an official specified in
subsection (c), transmit to that official any information relating
to exports that is held by the Department of Commerce and is
requested by that official for the purpose of assessing national
security risks. The Secretary shall transmit such information within
10 business days after receiving such a request.
(b) NATURE OF INFORMATION.—The information referred to in
subsection (a) includes information concerning—
(1) export licenses issued by the Department of Commerce;
(2) exports that were carried out under an export license
issued by the Department of Commerce; and
(3) exports from the United States that were carried out
without an export license.
(c) REQUESTING OFFICIALS.—The officials referred to in sub-
section (a) are the Secretary of State, the Secretary of Defense,
the Secretary of Energy, and the Director of Central Intelligence.
Each of those officials may delegate to any other official within