Page:United States Statutes at Large Volume 112 Part 3.djvu/345

 PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2175 exports of the satellites and related items described in subsection (a), including measures to shorten the timelines for license application reviews, and any measures relating to the transparency of the license review process and dispute resolution procedures; (3) an evaluation of the adequacy of resources available to the Department of State, including fiscal and personnel resources, to carry out the additional activities required by this section; and (4) any recommendations for additional actions, including possible legislation, to improve the export licensing process under the Arms Export Control Act for the satellites and related items described in subsection (a). SEC. 1514, NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT 22 USC 2778 LICENSING. note. (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.— Al l 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 SAT- ELLITES.— 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 pay- ment of the costs incurred in providing such services. (B) CONTENTS OF MONITORING. —^T'he 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.

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