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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.
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