§ 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED STATES SATELLITE MANUFACTURERS
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Notice to Congress of Investigations .— The President shall promptly notify the appropriate committees of Congress whenever an investigation is undertaken by the Department of Justice of— an alleged violation of United States export control laws in connection with a commercial satellite of United States origin; or an alleged violation of United States export control laws in connection with an item controlled under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ) that is likely to cause significant harm or damage to the national security interests of the United States.
Notice to Congress of Certain Export Waivers .— The President shall promptly notify the appropriate committees of Congress whenever an export waiver pursuant to section 902 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 [ Pub. L. 101–246 ] ( 22 U.S.C. 2151 note) is granted on behalf of any United States person that is the subject of an investigation described in subsection (a). The notice shall include a justification for the waiver. Exception .— The requirements in subsections
(a)and
(b)shall not apply if the President determines that notification of the appropriate committees of Congress under such subsections would jeopardize an on-going criminal investigation. If the President makes such a determination, the President shall provide written notification of such determination to the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate. The notification shall include a justification for the determination. Identification of Persons Subject to Investigation .— The Secretary of State and the Attorney General shall develop appropriate mechanisms to identify, for the purposes of processing export licenses for commercial satellites, persons who are the subject of an investigation described in subsection (a). Protection of Classified and Other Sensitive Information .— The appropriate committees of Congress shall ensure that appropriate procedures are in place to protect from unauthorized disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is furnished to those committees pursuant to this section. Statutory Construction .— Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to Congress, including the requirement under section 501 of the National Security Act of 1947 ( 50 U.S.C. 413 ) [now 50 U.S.C. 3091 ]. Definitions .— As used in this section: The term ‘appropriate committees of Congress’ means the following: The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. The Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Permanent Select Committee on Intelligence of the House of Representatives. The term ‘United States person’ means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.”
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- Pub. L. 101-246
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§ 1412
INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED STATES SATELLITE MANUFACTURERS
Pub. L.Pub. L. 101-246
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