Text: H.R.3191 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3191 IH
102d CONGRESS
1st Session
 H. R. 3191
To amend chapter 15 of the National Security Act of 1947 to define critical
technologies important to our national security, establish a Critical
Technologies Commission, provide for national security impairment cases,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 1, 1991
Mr. REGULA (for himself, Mr. MURTHA, Mr. SCHULZE, Mr. MINETA, Mr. SPRATT,
Mrs. BYRON, Mrs. JOHNSON of Connecticut, and Mr. KASICH) introduced the
following bill; which was referred jointly to the Committees on Banking,
Finance, and Urban Affairs, Armed Services, Rules, and Ways and Means
A BILL
To amend chapter 15 of the National Security Act of 1947 to define critical
technologies important to our national security, establish a Critical
Technologies Commission, provide for national security impairment cases,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This title may be cited as the `Critical Technologies Act of 1991'.
SEC. 2. DEFINITION OF CRITICAL TECHNOLOGY.
  (a) For purposes of this Act the term `critical technology' means the act
  of a domestic industry in producing a product without which machine tools
  necessary to support the national defense could not be produced.
SEC. 3. ESTABLISHMENT OF CRITICAL INDUSTRIES.
  (a) RECOGNITION OF CRITICAL INDUSTRY- The Congress recognizes that certain
  technologies are critical to the security and defense of the United States,
  and declares that it is the continuing policy of the Federal Government,
  in cooperation with State and local governments and other concerned public
  and private organizations, to use all reasonable and practicable means,
  measures, and policies, including financial and technical assistance if
  appropriate, to--
  (1) evaluate and re-examine governmental policies, decisions, and actions
  that inhibit the viability of domestic industries who use a critical
  technology; and
  (2) work to preserve and encourage such domestic industries.
SEC. 4. AGENCY RESPONSIBILITIES.
  (a) IN GENERAL- To the fullest extent practicable, each Federal agency
  shall--
  (1) develop and implement methods and procedures, in consultation with the
  Critical Technology Commission, that will ensure that such agency gives
  appropriate consideration to the potential effect of proposed actions,
  decisions, and activities of such agency, including regulatory activities,
  on domestic industries using a critical technology;
  (2) include in every recommendation or report on a propsoal for legislation,
  or other major Federal action significantly affecting domestic industries
  using a critical technology, a detailed statement by the responsible
  Federal official specifying--
  (A) the favorable and adverse effects on such industries that would directly
  or indirectly result if such proposal is implemented; and
  (B) reasonable alternatives to such proposal, in particular those
  alternatives that would less adversely affect such industries; and
  (3) assist the Critical Technology Commission.
  (b) PREPARATION OF THE DETAILED STATEMENT- Before making any detailed
  statement required by subsection (a)(2), the responsible Federal official
  shall consult with, and obtain the comment of, Federal agencies that have
  special expertise or jurisdiction by law with respect to commerce, defense,
  or employment.
  (c) AVAILABILITY OF DETAILED STATEMENT- Copies of the detailed statement
  required by subsection (a)(2), comments received under subsection (b),
  and the views, if any, of appropriate Federal, State, and local agencies
  received by the responsible Federal official shall--
  (1) be made available to the President, the Critical Technology Commission,
  and the public in the manner provided by section 552 of title 5, United
  States Code; and
  (2) accompany the proposal for legislation or other major Federal action
  through the agency review process.
SEC. 5. CRITICAL INDUSTRIES AND NATIONAL SECURITY.
  (a) Section 432 of Chapter 15 of the National Security Act of 1947 (50
  U.S.C. 432) is amended by adding at the end thereof the following--
`SUBCHAPTER VI--ESTABLISHMENT OF CRITICAL TECHNOLOGIES IMPORTANT TO THE
NATIONAL SECURITY
`SEC. 433. CRITICAL TECHNOLOGIES.
  `(a) DEFINITION OF CRITICAL TECHNOLOGY- For purposes of this Act the term
  `critical technology' means the act of a domestic industry in producing
  a product without which machine tools necessary to support the national
  defense could not be produced.
  `(b) DEFINITION OF DOMESTIC INDUSTRY- For purposes of this Act the term
  `domestic industry' means those producers, situated within the United States,
  or its territories, wherein over fifty percent of the total voting stock
  of such producer is owned and controlled by citizens of the United States.
  `(c) DEFINITION OF NATIONAL SECURITY INTEREST- For purposes of this Act the
  term `national security interest' means the interest of the United States
  Government to preserve those basic conditions necessary for a domestic
  producer, using a critical technology, that are adequate to permit capital
  investment for needed improvements in technology that will enable the
  overall domestic industry to remain competitive.
  `(d) REPORT ON CRITICAL TECHNOLOGIES- The President shall transmit annually
  to the Congress a National Critical Technologies Report, as developed by
  the Critical Technology Commission, setting forth--
  `(1) A summary of the general economic conditions of domestic industries
  using a critical technology in the United States (including, but not limited
  to, productivity, exportation of products, capacity, and profitability).
  `(2) A summary of--
  `(A) current and prospective trends in the ability to compete by such
  industries; and
  `(B) the effect of such trends on employment and unemployment, individual
  and corporate income levels, private capital accumulation and investment,
  the balance of payments, revenues and expenditures of the Federal Government,
  and other relevant indicators of the economic health of such industries.
  `(3) A detailed review of policies, programs, and activities of the Federal
  Government, State and local governments, and nongovernmental entities
  that adversely affect the economic health of domestic industries using a
  critical technology.
  `(4) A program to--
  `(A) minimize or eliminate the adverse effects of Federal policies,
  programs, and activities affecting such industries; and
  `(B) encourage State and local governments and nongovernmental entities
  to minimize or eliminate the adverse effects of their policies, programs,
  and activities affecting such domestic industries.
  `(5) A detailed review of policies, programs, and activities of foreign
  governments, particularly major trading partners of the United States,
  that adversely affect domestic industries using a critical technology in
  the United States and in the international marketplace.
  `(6) A program to encourage foreign governments to modify or eliminate
  policies, programs, and activities that adversely affect such industries.
  `(7) Information of a proprietary nature, or of a nature that may be used
  to obtain a competitive advantage over a domestic producer of an industry
  using a critical technology, will not be a specific part of the public
  report or made available for public review in any form.
  `(e) Critical Technology Commission-
  `(1) ESTABLISHMENT- There is established a joint commission between the
  Departments of Commerce, Defense, Labor, and Energy (hereafter referred
  to as the Commission).
  `(2) MEMBERSHIP- The Commission shall be composed of--
  `(A) the Secretary of the Department of Commerce;
  `(B) the Secretary of the Department of Defense;
  `(C) the Secretary of the Department of Labor;
  `(D) the Secretary of the Department of Energy;
  `(E) two individuals appointed by each of the abovementioned Secretaries
  with one to serve in this capacity as commissioner for a period of six (6)
  years and the other for a period of four (4) years, for a total of eight
  (8) Commissioners; and
  `(F) the compensation and expenses of commissioners selected under paragraph
  (E) shall be established and set forth in regulations by the Departments
  of Commerce, Defense, Labor, and Energy for their respective appointees;
  `(G) no person shall be eligible for appointment as a commissioner
  unless he is a citizen of the United States, and, in the judgment of
  the respective Secretary, is possessed of qualifications requisite for
  developing expert knowledge of international trade problems and efficiency
  in administering the duties and functions of the Commission. A person
  who has served as a commissioner for more than five (5) years shall not
  be eligible for reappointment as a commissioner. Not more than five (5)
  of the commissioners shall be members of the same political party, and
  in making appointments members of different political parties shall be
  appointed alternately as nearly as may be practicable; and
  `(H) any commissioner appointed to fill a vacancy occurring prior to the
  expiration of the term for which his predecessor was appointed shall be
  appointed for the remainder of such term and any commissioner may continue
  to serve as a commissioner after an expiration of his term of office until
  his successor takes office.
  `(3) CHAIRMAN AND VICE-CHAIRMAN- The Secretary of Commerce shall serve
  as Chairman of the Commission for the remainder of the Presidential term
  in which this Act is enacted. Thereafter, the Secretaries of Defense and
  Commerce shall alternate as Chairman and Vice-Chairman every two years. The
  Vice-Chairman shall act as Chairman in case of the absence or disability
  of the Chairman.
  `(4) DUTIES OF THE COMMISSION- The Commission shall--
  `(A) prepare the annual report on domestic industries using a critical
  technology as set forth in subsection (d);
  `(B) gather timely and authoritative information concerning current and
  prospective trends affecting these industries and study such information
  to determine whether such trends interfere, or are likely to interfere,
  with the achievement of the policy and purposes of this section;
  `(C) review, on a systematic and continuing basis, the various policies,
  programs, and activities of the Federal Government to determine the extent
  to which such policies, programs, and activities contribute to or hinder
  the achievement of the policy and purposes of this action;
  `(D) develop for, and recommend to, the President policies to restore and
  maintain domestic industries using a critical technology in order to meet
  the national security interests of the United States;
  `(E) conduct investigations, studies, surveys, research, analysis, and
  public hearings relating to--
  `(i) general economic health of domestic industries using a critical
  technology; and
  `(ii) potential Federal policies, programs, initiatives, and activities
  to improve such industries; and
  `(F) perform the duties assigned to the Commission by sections (d) and (e).'.
  `(5) POWERS OF THE COMMISSION- For the purposes of carrying out its duties,
  the Commission--
  `(A) shall hold such hearings, sit and act at such times and places, take
  such testimony, and receive such evidence as the Commission considers
  appropriate;
  `(B) or member or agent of the Commission may, if so authorized by the
  Commission, take any action which the Commission is authorized to take by
  this section;
  `(C) shall secure directly from any Federal agency, any State, and any
  political subdivision of a State information necessary to enable the
  Commission to carry out its duties, and upon request of the Commission
  the head of such agency shall furnish such information to the Commission; and
  `(D) shall execute the authority and powers under subsections (6) and (7).
  `(6) Safeguarding national security interest by producer petition-
  `(A) Upon application of a domestic producer, who is part of a critical
  industry, or by initiation from either the Secretary of Commerce or
  Defense after consultation with the industry oversight committee (as
  established under section (7)), the Commission shall immediately initiate
  an investigation (limited to the scope of the petition) to determine the
  effect on national security interests of--
  `(i) imports of the article which is the subject of such application or
  motion, and
  `(ii) the presence within the United States and its territories of producers
  of such article, other than domestic producers.
  `(B) The Chairman shall immediately provide notice to the Secretaries of
  Defense or Commerce (whichever is applicable), Labor, and Energy, and other
  members of the Commission, of any investigation initiated under this section.
  `(C) In the course of any investigation conducted under this subsection,
  the Commission shall--
  `(i) consult with the Secretaries of Defense, Commerce, Labor, and Energy
  regarding the methodological and policy questions raised in any investigation
  initiated under paragraph (A);
  `(ii) seek information and advice from, and consult with, appropriate
  officers of the United States;
  `(iii) if it is appropriate and after reasonable notice, hold public
  hearings or afford other interested parties an opportunity to present
  information and advice relevant to such investigation;
  `(iv) ensure any benefits arising from an administrative or legislative
  action set forth in the written plan shall only be available to the line of
  business which gives rise to the proposed action under the Commission plan;
  `(v) consult with, and seek information and advice from, the industry
  oversight committee established under subsection (7), including review by
  such oversight committee of any written plan to take action; and
  `(vi) strictly limit the Commission's review and any remedial action under
  the written plan to the scope of the producer's petition.
  `(D) By no later than the date that is 120 days after the date on which an
  investigation is initiated under paragraph (A) with respect to any article,
  the Commission shall--
  `(i) submit to the industry oversight committee, and to the President
  (at conclusion of the 15-day oversight committee review) a report on the
  findings of such investigation; and
  `(ii) a written determination whether--
  `(I) the importation of such article in such quantities or under such
  circumstances, or
  `(II) the production of such article by producers within the United States,
  other than domestic producers,
has impaired, or threatens to impair the national security interests of the
United States, and
  `(iii) a written plan to take such measures necessary (as limited by the
  scope of the producer's petition), through administrative or legislative
  action, to adjust imports of an article and its derivatives, or encourage
  production of such article by domestic producers.
  `(E) The industry oversight committee may, within 15 days of receipt of the
  written plan, veto implementation of such plan by a unanimous vote of its 9
  members and no further action shall be taken on the petition or written plan.
  `(F) Any portion of the report, or determination, submitted by the Commission
  under this subparagraph which does not contain classified information or
  proprietary information shall be published in the Federal Register.
  `(G) If the Commission finds that such article has impaired or threatens
  to impair the national security interests of the United States--
  `(i) the President, within 60 days after receiving the determination
  submitted under subsection (D) of this section, shall take such measures
  necessary to implement the Commission's plan through administrative action
  and, if stated in the plan, introduction of legislation as set forth in
  subsection (f); and
  `(ii) by not later than the date that is 15 days after the date the President
  implements subsection (i), the President shall submit to the Congress a
  written statement of his action. Such statement shall be included in the
  annual report prepared by the Commission under section (4)A).
  `(H) If--
  `(i) the action taken by the President under section (G) is the negotiation
  of an agreement which limits or restricts the importation into, or the
  exportation to, the United States of the article that threatens to impair
  national security interest, and
  `(ii) either--
  `(I) no such agreement is entered into before the date that is 120 says
  after the date on which the Commission makes the determination under
  paragraph (6)(D), or
  `(II) such an agreement that has been entered into is not being carried out
  or is ineffective in eliminating the threat to national security interests
  posd by imports of such article, the President shall take such other actions
  as the President deems necessary to adjust the imports of such article so
  that such imports will not threaten to impair the national security. The
  President shall publish in the Federal Register notice of any additional
  actions being taken under this section by reason of this subparagraph.
  `(7) CONSULTATIONS; CREATION OF INDUSTRY OVERSIGHT COMMITTEES-
  `(A) The Commission in performing functions pursuant to this chapter shall
  secure balanced, diverse, and responsible views from qualified persons
  representing each domestic industry using a critical technology under this
  section through the creation of independent industry oversight committees
  which shall--
  `(i) be comprised of 9 representatives from each domestic industry using a
  `critical technology' as defined by the Commission, to serve on an oversight
  committee for a period of no less than two (2) years (and thereafter for
  such a period as determined by the Chairman of the Commission; and
  `(ii) meet annually, and at such times as requested by the Chairman of
  the Commission, to provide assistance to the Commission in completion of
  its duties as set forth in paragraph (4).
  `(B) Members of the oversight committee shall be notified by the Commission
  within fifteen (15) days after the initiation of any investigation
  conducted under paragraph (6) and members of the committee shall be given
  the opportunity to comment on such investigation throughout its process and
  (if requested by the Commission) provide technical assistance regarding
  such investigation. The Commission shall request comment from the oversight
  committee concerning the drafting of the Commission's written plan, prior
  to its release.
  `(8) COMMISSION TREATED AS INDEPENDENT REGULATORY AGENCY- The Commission
  shall be considered to be an independent regulatory agency for purposes
  of chapter 35 of title 44.
  `(9) ADMINISTRATIVE SERVICES AND NECESSARY EXPENSES OF THE COMMISSION-
  All administrative services (including but limited to staff, office space,
  and equipment) and necessary expenses (including travel expenses) of the
  Commission shall be jointly provided, as nearly as possible, in equal
  shares by the Departments of Commerce, Defense, Labor, and Energy. In no
  case shall a specific authorization or appropriation be made by Congress
  for such services and expenses of the Commission.
  `(f) BILLS IMPLEMENTING PLAN OF COMMISSION-
  `(1) This subsection is enacted by Congress--
  `(A) as an exercise of the rulemaking power of the House of Representatives
  and the Senate, respectively, and as such they are deemed a part of the
  rules of each House, respectively, but applicable only with respect to the
  procedure to be followed in that House in the case of implementing bills
  described in subsection (f)(6); and
  `(B) with full recognition of the constitutional right of either House
  to change the rules (so far as relating to the procedure of that House)
  at any time, in the same manner and to the same extent as in the case of
  any other rule of the House.
  `(2) On the day of which the Commission's plan (those portions which require
  legislative action) is submitted to the House of Representatives and the
  Senate, the implementing bill submitted by the President with respect to
  the Commission's plan shall be introduced (by request) in the House by
  the majority leader of the House, for himself and the minority leader of
  the House, or by Members of the House designated by the majority leader
  and minority leader of the House; and shall be introduced (by request)
  in the Senate by the majority leader of the Senate, for himself and the
  minority leader of the Senate, or by Members of the Senate designated by
  the majority leader and minority leader of the Senate. If either House is
  not in session on the day on which the Commission's plan is submitted,
  the implementing bill shall be introduced in that House, as provided in
  the preceding sentence, on the first day thereafter on which the House is
  in session. Such bills shall be referred by the Presiding Officers of the
  respective House to the appropriate committee, or, in the case of a bill
  containing provisions within the jurisdiction of two or more committees,
  jointly to such committees for consideration of those provisions within
  their respective jurisdictions.
  `(3) No amendment to an implementing bill or approval resolution shall be in
  order in either the House of Representatives or the Senate; and no motion
  to suspend the application of this subsection shall be in order in either
  House, nor shall it be in order in either House for the Presiding Officer
  to entertain a request to suspend the application of this subsection by
  unanimous consent.
  `(4) If the committee or committees of either House to which an implementing
  bill has been referred have not reported it at the close of the 45th day
  after its introduction, such committee or committees shall be automatically
  discharged from further consideration of the bill or resolution and it
  shall be placed on the appropriate calendar. A vote on final passage of the
  bill or resolution shall be taken in each House on or before the close of
  the 15th day after the bill or resolution is reported by the committee or
  committees of that House to which it was referred, or after such committee
  or committees have been discharged from further consideration of the bill
  or resolution. If prior to the passage by one House of an implementing bill,
  the House receives the same implementing bill from the other House, then--
  `(A) the procedure in that House shall be the same as if no implementing
  bill had been received from the other House, but
  `(B) the vote on final passage shall be on the implementing bill of the
  other House.
  `(5) The provisions of paragraph (4) shall not apply in the Senate to
  implementing revenue bill. An implementing revenue bill received from the
  House shall be referred to the appropriate committee or committees of the
  Senate. If such committee or committees have not reported such bill at
  the close of the 15th day after its receipt by the Senate (or if later,
  before the close of the 45th day after the corresponding implementing
  revenue bill was introduced in the Senate), such committee or committees
  shall be automatically discharged from further consideration of such bill
  and it shall be placed on the calendar. A vote on final passage of such
  bill shall be taken in the Senate on or before the close of the 15th day
  after such bill is reported by the committee or committees of the Senate
  to which it was referred, or after such committee or committees have been
  discharged from further consideration of such bill.
  `(6) For purposes of paragraphs (4) and (5), in computing a number of days
  in either House, there shall be excluded any day on which that House is
  not in session.
  `(7) Floor consideration in the House--
  `(A) A motion in the House of Representatives to proceed to the consideration
  of an implementing bill shall be highly privileged and not debatable. An
  amendment to the motion shall not be in order, nor shall it be in order to
  move to reconsider the vote by which the motion is agreed to or disagreed to.
  `(B) Debate in the House of Representatives on an implementing bill shall be
  limited to not more than 20 hours, which shall be divided equally between
  those favoring and those opposing the bill or resolution. A motion further
  to limit debate shall not be debatable. It shall not be in order to move to
  recommit an implementing bill or approval resolution or to move to reconsider
  the vote by which an implementing bill is agreed to or disagreed to.
  `(C) Motions to postpone, made in the House of Representatives with respect
  to the consideration of an implementing bill, and motions to proceed to
  the consideration of other business, shall be decided without debate.
  `(D) All appeals from the decision of the Chair relating to the application
  of the Rules of the House of Representatives to the procedure relating to
  an implementing bill shall be decided without debate.
  `(E) Except to the extent specifically provided in the preceding provisions
  of this subsection, consideration of an implementing bill shall be governed
  by the Rules of the House of Representatives applicable to other bills
  and resolutions in similar circumstances.
`(8) Floor consideration in the Senate--
  `(A) A motion in the Senate to proceed to the consideration of an
  implementing bill shall be privileged and not debatable. An amendment
  to the motion shall not be in order, not shall it be in order to move to
  reconsider the vote by which the motion is agreed to or disagreed to.
  `(B) Debate in the Senate on an implementing bill, and all debatable motions
  and appeals in connection therewith, shall be limited to not more than
  20 hours. The time shall be equally divided between, and controlled by,
  the majority leader and the minority leader or their designees.
  `(C) Debate in the Senate on any debatable motion or appeal in connection
  with an implementing bill shall be limited to not more than 1 hour, to
  be equally divided between, and controlled by, the mover and the manager
  of the bill or resolution, except that in the event the manager of the
  bill or resolution is in favor of any such motion or appeal, the time
  in opposition thereto shall be controlled by the minority leader or his
  designee. Such leaders, or either of them, may, from time under their
  control on the passage of an implementing bill, allot additional time to
  any Senator during the consideration of any debatable motion or appeal.
  `(D) A motion in the Senate to further limit debate is not debatable. A
  motion to recommit an implementing bill is not in order.'.
SEC. 6. TECHNOLOGY IN OPERATIONS DESERT SHIELD AND DESERT STORM.
  (a) IN GENERAL- The Secretary of Defense in consultation with the Departments
  of the Army, Navy, and Air Force shall transmit to the House and Senate
  Committees on Armed Services no later than six months from the date of
  enactment of this Act a report, reviewing military operations in Operations
  Desert Shield and Desert Storm, setting forth--
  (1) the type and quantity of components or materials used in the major
  weapon systems of the United States military produced by companies with
  less than 50 percent of the total voting stock of such producer being
  owned and controlled by citizens of the United States;
  (2) a summary of such producers who provided components or materials
  pursuant to paragraph (1);
  (3) a detailed evaluation of the dependence by the United States upon such
  producers to maintain and operate existing major weapon, communication
  and command systems; and
  (4) a review of those military personnel involved in the maintenance of
  weapon and communication systems, concerning their rank, compensation,
  training, and such other factors affecting their ability to maintain such
  systems for military operations.