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S.1059
National Defense Authorization Act for Fiscal Year 2000 (Printed w/
House Amend.)
/ul>
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING
HIGH-PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) REVIEW- The Secretary of Energy, the Secretary of Defense, and the
Secretary of State, in consultation with other appropriate departments and
agencies, shall conduct a comprehensive review of the national security
implications of exporting high-performance computers to the People's Republic
of China. As part of the review, the Secretary shall conduct empirical testing
of the extent to which national security-related operations can be performed
using clustered, massively-parallel processing or other combinations of
computers.
(b) REPORT- The Secretary of Energy shall submit to Congress a report
on the results of the review under subsection (a). The report shall be
submitted not later than six months after the date of the enactment of this
Act and shall be updated not later than the end of each subsequent 1-year
period.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA OF
HIGH-PERFORMANCE COMPUTERS.
(a) REVISED HPC VERIFICATION SYSTEM- The President shall seek to enter
into an agreement with the People's Republic of China to revise the existing
verification system with the People's Republic of China with respect to
end-use verification for high-performance computers exported or to be exported
to the People's Republic of China so as to provide for an open and transparent
system providing for effective end-use verification for such computers and, at
a minimum, providing for on-site inspection of the end-use and end-user of
such computers, without notice, by United States nationals designated by the
United States Government. The President shall transmit a copy of the agreement
to Congress.
(b) DEFINITION- As used in this section and section 1406, the term
`high performance computer'
means a computer which, by
virtue of its composite theoretical performance level, would be subject to
section 1211 of the National Defense Authorization Act for Fiscal Year 1998
(50 U.S.C. App. 2404 note).
(c) ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR
POST-SHIPMENT VERIFICATION- Section 1213 of the National Defense Authorization
Act for Fiscal Year 1998 is amended by adding at the end the
following:
`(e) ADJUSTMENT OF PERFORMANCE LEVELS- Whenever a new composite
theoretical performance level is established under section 1211(d), that level
shall apply for purposes of subsection (a) of this section in lieu of the
level set forth in that subsection.'.
SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT OF CONTROLLED TECHNOLOGIES AND
ITEMS.
(a) RECOMMENDATIONS FOR PRIORITIZATION OF NATIONAL SECURITY CONCERNS-
The President shall submit to Congress the President's recommendations for the
establishment of a mechanism to identify, on a continuing basis, those
controlled technologies and items the export of which is of greatest
national security concern relative to other controlled technologies and
items.
(b) RECOMMENDATIONS FOR EXECUTIVE DEPARTMENT APPROVALS FOR EXPORTS OF
GREATEST NATIONAL SECURITY CONCERN- With respect to controlled technologies
and items identified under subsection (a), the President shall submit to
Congress the President's recommendations for the establishment of a mechanism
to identify procedures for export of such technologies and items
so as to provide--
(1) that the period for review by an executive department or agency
of a license application for any such export shall be extended to a period
longer than that otherwise required when such longer period is considered
necessary by the head of that department or agency for national security
purposes; and
(2) that a license for such an export may be approved only with the
agreement of each executive department or agency that reviewed the
application for the license, subject to appeal procedures to be established
by the President.
(c) RECOMMENDATIONS FOR STREAMLINED LICENSING PROCEDURES FOR OTHER
EXPORTS- With respect to controlled technologies and items other than those
identified under subsection (a), the President shall submit to Congress the
President's recommendations for modifications to licensing procedures for
export of such technologies and
items so as to streamline the licensing process and provide greater
transparency, predictability, and certainty.
SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF UNITED STATES FIRMS IN
NATIONAL SECURITY INDUSTRIES.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
2170(b)) is amended--
(1) by inserting `(1)' before `The President';
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively; and
(3) by adding at the end the following:
`(2) Whenever a person engaged in interstate commerce in the United
States is the subject of a merger, acquisition, or takeover described in
paragraph (1), that person shall promptly notify the President, or the
President's designee, of such planned merger, acquisition, or takeover.
Whenever any executive department or agency becomes aware of any such planned
merger, acquisition, or takeover, the head of that department or agency shall
promptly notify the President, or the President's designee, of such planned
merger, acquisition, or takeover.'.
SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL EXAMINATION OF COUNTERMEASURES
AGAINST ACQUISITION BY THE PEOPLE'S REPUBLIC OF CHINA OF MILITARILY SENSITIVE
TECHNOLOGY.
Not later than January 1, 2000, the Inspectors General of the
Departments of State, Defense, the Treasury, and Commerce and the Inspector
General of the Central Intelligence Agency shall submit to Congress a report
on the adequacy of current export controls and counterintelligence
measures to protect against the acquisition by the People's Republic of China
of militarily sensitive United States technology. Such report shall include a
description of measures taken to address any deficiencies found in such export controls and counterintelligence
measures.
SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN DEPARTMENT OF
DEFENSE.
(a) ENHANCED MULTILATERAL EXPORT CONTROLS -
(1) NEW INTERNATIONAL CONTROLS - The President shall work
(in the context of the scheduled 1999 review of the Wassenaar Arrangement
and otherwise) to establish new binding international controls on technology transfers
that threaten international peace and United States national
security.
(2) IMPROVED SHARING OF INFORMATION- The President shall take
appropriate actions (in the context of the scheduled 1999 review of the
Wassenaar Arrangement and otherwise) to improve the sharing of information
by nations that are major exporters of technology so that the United States
can track movements of technology and enforce technology controls and re-export requirements.
(b) OFFICE OF TECHNOLOGY SECURITY- (1) There is hereby established in
the Department of Defense an Office of Technology Security. The Office shall
support United States Government efforts to--
(1) establish new binding international controls on technology transfers
that threaten international peace and United States national security;
and
(2) improve the sharing of information by nations that are major
exporters of technology so that the United States can track movements of
technology and enforce technology controls and re-export requirements.
SEC. 1412. ANNUAL AUDIT OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF
ENERGY POLICIES WITH RESPECT TO TECHNOLOGY TRANSFERS TO THE PEOPLE'S REPUBLIC OF
CHINA.
(a) ANNUAL AUDIT- The Inspectors General of the Department of Defense
and the Department of Energy, in consultation with the Director of Central
Intelligence and the Director of the Federal Bureau of Investigation, shall
each conduct an annual audit of the policies and procedures of the Department
of Defense and the Department of Energy, respectively, with respect to the
export of technologies and the
transfer of scientific and technical information, to the People's Republic of
China in order to assess the extent to which the Department of Defense or the
Department of Energy, as the case may be, is carrying out its activities to
ensure that any technology transfer, including a transfer of scientific or
technical information, will not measurably improve the weapons systems or
space launch capabilities of the People's Republic of China.
(b) REPORT TO CONGRESS- The Inspectors General of the Department of
Defense and the Department of Energy shall each submit to Congress a report
each year describing the results of the annual audit under subsection
(a).
SEC. 1413. RESOURCES FOR EXPORT LICENSE FUNCTIONS.
(a) OFFICE OF DEFENSE TRADE CONTROLS -
(1) IN GENERAL- The Secretary of State shall take the necessary
steps to ensure that, in any fiscal year, adequate resources are allocated
to the functions of the Office of Defense Trade Controls of the Department of State
relating to the review and processing of export license applications so as to
ensure that those functions are performed in a thorough and timely
manner.
(2) AVAILABILITY OF EXISTING APPROPRIATIONS- The Secretary of State
shall take the necessary steps to ensure that those funds made available
under the heading `Administration of Foreign Affairs, Diplomatic and
Consular Programs' in title IV of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999, as
contained in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277) are made available, upon the
enactment of this Act, to the Office of Defense Trade Controls of the Department of State
to carry out the purposes of the Office.
(b) DEFENSE THREAT REDUCTION AGENCY- The Secretary of Defense shall
take the necessary steps to ensure that, in any fiscal year, adequate
resources are allocated to the functions of the Defense Threat Reduction
Agency of the Department of Defense relating to the review of export license applications so as to
ensure that those functions are performed in a thorough and timely
manner.
SEC. 1414. NATIONAL SECURITY ASSESSMENT OF EXPORT LICENSES.
(a) REPORT TO CONGRESS- The Secretary of Defense, in consultation with
the Joint Chiefs of Staff, shall provide to Congress a report assessing the
cumulative impact of individual licenses granted by the United States for
exports, goods, or technology to countries of concern.
(b) CONTENTS OF REPORT- Each report under subsection (a) shall include
an assessment of--
(1) the cumulative impact of exports of technology on improving the
military capabilities of countries of concern;
(2) the impact of exports of technology which would be harmful to
United States military capabilities, as well as countermeasures necessary to
overcome the use of such technology; and
(3) those technologies, systems, and components which have
applications to conventional military and strategic capabilities.
(c) TIMING OF REPORTS- The first report under subsection (a) shall be
submitted to Congress not later than 1 year after the date of the enactment of
this Act, and shall assess the cumulative impact of exports to countries of
concern in the previous 5-year period. Subsequent reports under subsection (a)
shall be submitted to Congress at the end of each 1-year period after the
submission of the first report. Each such subsequent report shall include an
assessment of the cumulative impact of technology exports based on analyses
contained in previous reports under this section.
(d) SUPPORT OF OTHER FEDERAL AGENCIES- The Secretary of Commerce, the
Secretary of State, and the heads of other departments and agencies shall make
available to the Secretary of Defense information necessary to carry out this
section, including information on export licensing.
(e) DEFINITION- As used in this section, the term `country of concern'
means--
(1) a country the government of which the Secretary of State has
determined, for purposes of section 6(j) of the Export Administration Act of 1979 or
other applicable law, to have repeatedly provided support for acts of
international terrorism; and
(2) a country on the list of covered countries under section 1211(b)
of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C.
App. 2404 note).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization
Act for Fiscal Year 2000'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(1), the Secretary of
the Army may acquire real property and carry out military construction
projects for the installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
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State Installation or location Amount
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Alabama Redstone Arsenal $9,800,000
Alaska Fort Richardson $14,600,000
Fort Wainwright $32,500,000
California Fort Irwin $32,400,000
Presidio of Monterey $7,100,000
Colorado Fort Carson $4,400,000
Peterson Air Force Base $25,000,000
District of Columbia Fort McNair $1,250,000
Walter Reed Medical Center $6,800,000
Georgia Fort Benning $48,400,000
Fort Stewart $71,700,000
Hawaii Schofield Barracks $95,000,000
Kansas Fort Leavenworth $34,100,000
Fort Riley $3,900,000
Kentucky Blue Grass Army Depot $6,000,000
Fort Campbell $39,900,000
Fort Knox $1,300,000
Louisiana Fort Polk $6,700,000
Maryland Fort Meade $22,450,000
Massachusetts Westover Air Reserve Base $4,000,000
Missouri Fort Leonard Wood $27,100,000
New York Fort Drum $23,000,000
North Carolina Fort Bragg $125,400,000
Sunny Point Military Ocean Terminal $3,800,000
Oklahoma Fort Sill $33,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania Carlisle Barracks $5,000,000
Letterkenny Army Depot $3,650,000
South Carolina Fort Jackson $7,400,000
Texas Fort Bliss $52,350,000
Fort Hood $84,500,000
Virginia Fort Belvoir $3,850,000
Fort Eustis $43,800,000
Fort Myer $2,900,000
Fort Story $8,000,000
Washington Fort Lewis $23,400,000
CONUS Various CONUS Various $36,400,000
Total $967,550,000
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(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(2), the Secretary of
the Army may acquire real property and carry out military construction
projects for the locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------
Country Installation or location Amount
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Germany Ansbach $21,000,000
Bamberg $23,200,000
Mannheim $4,500,000
Korea Camp Casey $31,000,000
Camp Howze $3,050,000
Camp Stanley $3,650,000
Total $86,400,000
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SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(5)(A), the Secretary
of the Army may construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in the amounts set
forth in the following table:
Army: Family Housing
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State Installation or location Purpose Amount
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Korea Camp Humphreys 60 Units $24,000,000
Virginia Fort Lee 97 Units $16,500,000
Total $40,500,000
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