Sec. 1514. NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING
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## SEC. 1514 NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING **[**[22 U.S.C. 2778 note](/us/usc/t22/s2778)**]** ###
(a)Actions by the President Notwithstanding any other provision of law, the President shall take such actions as are necessary to implement the following requirements for improving national security controls in the export licensing of satellites and related items: ####
(1)Mandatory technology control plans All export licenses shall require a technology transfer control plan approved by the Secretary of Defense and an encryption technology transfer control plan approved by the Director of the National Security Agency. ####
(2)Mandatory monitors and reimbursement #####
(A)Monitoring of proposed foreign launch of satellites In any case in which a license is approved for the export of a satellite or related items for launch in a foreign country, the Secretary of Defense shall monitor all aspects of the launch in order to ensure that no unauthorized transfer of technology occurs, including technical assistance and technical data. The costs of such monitoring services shall be fully reimbursed to the Department of Defense by the person or entity receiving such services. All reimbursements received under this subparagraph shall be credited to current appropriations available for the payment of the costs incurred in providing such services. #####
(B)Contents of monitoring The monitoring under subparagraph
(A)shall cover, but not be limited to— ######
(i)technical discussions and activities, including the design, development, operation, maintenance, modification, and repair of satellites, satellite components, missiles, other equipment, launch facilities, and launch vehicles; ######
(ii)satellite processing and launch activities, including launch preparation, satellite transportation, integration of the satellite with the launch vehicle, testing and checkout prior to launch, satellite launch, and return of equipment to the United States; ######
(iii)activities relating to launch failure, delay, or cancellation, including post-launch failure investigations; and ######
(iv)all other aspects of the launch. ####
(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 participation 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 implement 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 Intelligence 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 agreements associated with launches in foreign countries of satellites to the Secretaries of Defense and Energy, the Director of Central 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 department 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, a country that is a member of the North Atlantic Treaty Organization 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.
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Sec. 1514
NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING
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