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99 STAT. 103

required by a severe energy supply interruption or by obligations of the United States under the international energy program.". (b) SUSPENSION OF PROVISIONS RELATING TO THE STRATEGIC PETROLEUM RESERVE.—Section 160(e) of such Act is amended—

42 USC 6240.

(1) by inserting "and" at the end of clause (i) of paragraph (I)(B); (2) by striking out clauses (ii) and (iii) of paragraph (1)(B) and inserting in lieu thereof the following: "(ii) the President has transmitted such finding to the Congress."; (3) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) The suspension of the application of subsections (c) and (d) under paragraph (I)(B) may become effective on the day the finding is transmitted to the Congress and shall terminate nine months thereafter or on such earlier date as is specified in such finding."; and (4) by redesignating paragraph (4) as paragraph (3). SEC. 103. STRATEGIC PETROLEUM RESERVE TEST DRAWDOWN AND DISTRIBUTION. (a) DIRECTIVE TO CARRY OUT TEST DRAWDOWN.—Section 161 of the

Energy Policy and Conservation Act is amended by adding the 42 USC 6241. following new subsection at the end thereof: "(g)(l) In order to evaluate the implementation of the Distribution Plan, the Secretary shall, commencing within 180 days after the date of the enactment of this subsection, carry out a test drawdown and distribution under this subsection through the sale or exchange of approximately 1,100,000 barrels of crude oil from the Reserve. The requirement of this paragraph shall not apply if the President determines, within the 180-day period described in the preceding sentence, that implementation of the Distribution Plan is required by a severe energy supply interruption or by obligations of the United States under the international energy program. "(2) The Secretary shall carry out such drawdown and distribution in accordance with the Distribution Plan and implementing regulations and contract provisions, modified as the Secretary considers appropriate taking into consideration the artificialities of a test and the absence of a severe energy supply interruption. To meet the requirements of subsections (d) and (e) of section 159, the Secretary Ante, p. 102. shall transmit any such modification of the Plan, along with explanatory and supporting material, to both Houses of the Congress no later than 15 calendar days prior to the offering of any crude oil for sale under this subsection. "(3) At least part of the crude oil that is sold or exchanged under this subsection shall be sold or exchanged to or with entities that are not part of the Federal Government. "(4) The Secretary may not sell any crude oil under this subsection at a price less than that which the Secretary determines appropriate and, in no event, at a price less than 90 percent of the sales price, as estimated by the Secretary, of comparable crude oil being sold in the same area at the time the Secretary is offering crude oil for sale in such area under this subsection. "(5) The Secretary may cancel any offer to sell or exchange crude oil as part of any drawdown and distribution under this subsection if the Secretary determines that there are insufficient acceptable offers to obtain such crude oil.

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 99 STAT. 104

5 USC 551. 42 USC 6393.

42 USC 6245. 42 USC 6240.

Ante, p. 103. 42 USC 6241. 42 USC 6247.

PUBLIC LAW 99-58—JULY 2, 1985 "(6)(A) The minimum required fill rate in effect for any fiscal year shall be reduced by the amount of any crude oil drawdown from the Reserve under this subsection during such fiscal year. "(B) In the case of a sale of any crude oil under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire crude oil for the Reserve within the 12-month period beginning after the completion of the sale. Such acquisition shall be in addition to any acquisition of crude oil for the Reserve required as part of a fill rate established by any other provision of law. "(7) Rules, regulations, or orders issued in order to carry out this subsection which have the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, shall not be subject to the requirements of subchapter II of chapter 5 of such title or to section 523 of this Act. "(8) The Secretary shall transmit to both Houses of the Congress a detailed explanation of the drawdown and distribution carried out under this subsection. Such explanation may be a part of any report made to the President and the Congress under section 165.". (b) CONFORMING AMENDMENTS.—(1) Section 160(d) of such Act is amended by adding the following new paragraph at the end thereof: "(3) In determining the number of barrels of crude oil for purposes of subparagraph (A) of paragraph (1), any crude oil drawndown from the Reserve as a result of any drawdown and distribution carried out under section 161(g) and not replaced under section 161(g)(6)(B) shall be considered to be within the Reserve.". (2) Section IGlQo) of such Act is amended by striking out "in subsections (c) and (f)" and inserting in lieu thereof "in subsections (c), (f), and (g)". (3) Section 167(b)(3) of such Act is amended by inserting ", including a drawdown and distribution carried out under subsection (g) of such section" after "section 161". (4) Section 167(d) of such Act is amended by inserting ", including a drawdown and distribution carried out subsection (g) of such section" after "section 161". SEC. 104. EXTENSION OF PART B OF TITLE II OF THE ENERGY POLICY AND CONSERVATION ACT.

(a) GENERAL EXTENSION.—Title II of the Energy Policy and Conservation Act is amended by adding at the end thereof the following new part: "PART D—EXPIRATION "EXPIRATION

42 USC 6285. 42 USC 6261.

"SEC. 281. Except as otherwise provided in title II, all authority under any provision of title II (other than a provision of such title amending another law) and any rule, regulation, or order issued pursuant to such authority, shall expire at midnight, June 30, 1988, but such expiration shall not affect any action or pending proceedings, civil or criminal, not finally determined on such date, nor any action or proceeding based upon any act committed prior to midnight, June 30, 1988.". (b)

TERMINATION OF CERTAIN GENERAL EMERGENCY AUTHORI-

TIES.—Part A of title II of such Act is amended by adding the following new section at the end thereof:

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99 STAT. 105

"TERMINATION DATE

"SEC. 204. Except as provided in section 203(f), authority to carry out the provisions of this part and any rule, regulation, or order issued pursuant to such part shall expire at midnight, June 30,

42 USC 6264. 42 USC 6263.

1985.".

(c) CONFORMING AMENDMENTS.—(1) The table of contents for such Act is amended— (A) by adding after the item relating to section 203 the following new item: "Sec. 204. Termination date.";

(B) by adding after the item relating to section 272 the following new items: "PART D—EXPIRATION

"Sec. 281. Expiration.";

and (C) by striking out the item relating to section 531. (2) Section 252 of such Act is amended by striking out subsection 0) and by redesignating subsections (k), (1), and (m), and all references thereto, as subsections (j), (k), and (1), respectively. (3) Section 531 of such Act is hereby repealed. (4) Section 252(d)(l) of such Act is amended by striking out "(f) or (k)" in the last sentence and inserting in lieu thereof "(f) or (j)'

42 USC 6272. Repeal. 42 USC 6401. 42 USC 6272.

SEC. 105. LIMITATION ON NEW PLANS OF ACTION.

Section 252 of the Energy Policy and Conservation Act, as amended by section 104(c)(2) of this Act, is amended by adding at the end thereof the following: "(m)(1) With respect to any plan of action approved by the Attor- 42 USC 6272. ney General after the date of enactment of the Energy Policy and Conservation Amendments Act of 1985— Ante, p. 102. "(A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if— "(i) the Secretary has transmitted such plan of action to the Congress; and "(iiXD 90 calendar days of continuous session haveelapsed since receipt by the Congress of such transmittal; or "(II) within 90 calendar days of continuous session after receipt of such transmittal, either House of the (Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and "(B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolution of disapproval. "(2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by either House of Congress. "(3) For the purpose of this subsection— "(A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and

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 99 STAT. 106

Ante, p. 105.

PUBLIC LAW 99-58—JULY 2, 1985 "(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved. "(n)(l)(A) The application of defenses under subsections (f) and 0') for Tjnpe 1 activities with respect to any plan of action transmitted to Congress as described in subsection (m)(l)(A)(i) shall be disapproved if a joint resolution of disapproval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term 'joint resolution* means only a joint resolution of either House of the Congress as described in paragraph (3). "(B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint resolution shall be referred in the Senate immediately to the Committee on Energy and Natural Resources of the Senate. "(2) This subsection is enacted by the Congress— "(A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and "(B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. "(3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: 'That the Congress of the United States disapproves the availability of the defenses pursuant to section 252(f) and (j) of the Energy Policy and Conservation Act with respect to TVpe 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .', the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m). "(4)(A) If the (IJommittee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been referred to the committee with respect to such plan of action. "(B) A motion to discharge shall be highly privileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. "(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other joint resolution with respect to the same transmission.

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99 STAT. 107

"(5)(A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period following receipt by the Congress of the plan of action (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the motion was agreed to or disagreed to. "(B) Debate on the joint resolution shall be limited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to. "(6)(A) Motions to postpone made with respect to the discharge from committee or consideration of a joint resolution, shall be decided without debate. "(B) Appeals from the decision of the Chair relating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate.". TITLE II—REPORTS CONCERNING COAL IMPORTS SEC. 201. SHORT TITLE.

This title may be cited as the "National Coal Imports Reporting National Coal Act of 1985". SEC. 202. REPORT CONCERNING REVIEW OF UNITED STATES COAL IMPORTS.

Imports Reporting Act of 1985. 42 USC 7277 note.

(a) IN GENERAL.—The Energy Information Administration shall 42 USC 7277. issue a report quarterly, and provide an annual summary of the quarterly reports to the Congress, on the status of United States coal imports. Such quarterly reports may be published as a part of the Quarterly Coal Report published by the Energy Information Administration. (b) CONTENTS.—Each report required by this section shall— (1) include current and previous year data on the quantity, quality (including heating value, sulfur content, and ash content), and delivered price of all coals imported by domesstic electric utility plants that imported more than 10,000 tons during the previous calendar year into the United States; (2) identify the foreign nations exporting the coal, the domestic electric utility plants receiving coal from each exporting nation, the domestically produced coal supplied to such plants, and the domestic coal production, by State, displaced by the imported coal; (3) identify (to the extent allowed under disclosure policy), at regional and State levels of aggregation, transportation modes and costs for delivery of imported coal from the exporting country port of origin to the point of consumption in the United States; and (4) specifically highlight and analyze any significant trends of unusual variations in coal imports.

51-194 O - 88 - 5: QL. 3

Part 1

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 99 STAT. 108

P U B L I C L A W 9 9 - 5 8 — J U L Y 2, 1985 (c) DATE OF REPORTS.—The first report required by this section shall be submitted to Congress in March 1986. Subsequent reports shall be submitted within 90 days after the end of each quarter. (d) LIMITATION.—Information and data required for the purpose of this section shall be subject to the law regarding the collection and disclosure of such data.

42 USC 7277 note.

SEC. 203. ANALYSIS OF AND REPORT CONCERNING THE UNITED STATES COAL IMPORT MARKET. (a) IN GENERAL.—The Secretary of Energy shall, through the Energy Information Administration, conduct a comprehensive analysis of the coal import market in the United States and report the findings of such analysis to the Committee on Energy and Natural Resources of the Senate and the appropriate committees of the House of Representatives, within nine months of the date of enactment of this Act. (b) CONTENTS.—The report required by this section shall— (1) contain a detailed analysis of potential domestic markets for foreign coals, by producing nation, between 1985 and 1995; (2) identify potential domestic consuming sectors of imported coal and evaluate the magnitude of any potential economic disruptions for each impacted State, including analysis of direct and indirect employment impact in the domestic coal industry and resulting income loss to each State; (3) identify domestically produced coal that potentially could be replaced by imported coal; (4) identify contractual commitments of domestic utilities expiring between 1985 and 1995 and describe spot buying practices of domestic utilities, fuel cost patterns, plant modification costs required to burn foreign coals, proximity of navigable waters to utilities, demand for compliance coal, availability of less expensive purchased power from Canada, and State and local considerations; (5) evaluate increased coal consumption by domestic electric utilities resulting from increased power sales and analyze the potential coal import market represented by this increased coal consumption, including consumption by existing coal-fired plants, new coal-fired plants projected up to the year 1995, and plants planning to convert to coal by 1995; (6) identify existing authorities available to the Federal Government relating to coal imports, assess the potential impact of exercising each of these authorities, and describe executive branch plans and strategies to address coal imports; (7) identify and characterize the coal export policies of all major coal exporting nations, including the United States, Australia, Canada, Colombia, Poland, and South Africa, with specific analysis of— (A) direct or indirect Government subsidies to coal exporters; (B) health, safety, and environmental regulations imposed on each coal producer; and (C) trade policies relating to coal exports; (8) evaluate the excess capacity of foreign producers, potential development of new export-oriented coal mines in foreign nations, operating costs of foreign coal mines, capacity of ocean vessels to transport foreign coal, and constraints on importing

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 PUBLIC LAW 99-58—JULY 2, 1985 coal into the United States because of port and harbor availability; (9) identify specifically the participation of all United States corporations involved in mining and exporting coal from foreign nations; and (10) identify the policies governing co£d imports of all coalimporting industrialized nations (including the United States, Japan, and European nations) by considering such factors as import duties or tariffs, import quotas, and other governmental restrictions or trade policies impacting coal imports. Approved July 2, 1985.

LEGISLATIVE HISTORY—H.R. 1699 (S. 979): HOUSE REPORT No. 99-152 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 131 (1985): June 4, considered and passed House. June 18, considered and passed Senate, amended, in lieu of S. 979. June 27, House concurred in Senate amendments.

99 STAT. 109

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 99 STAT. 110

PUBLIC LAW 99-59—JULY 3, 1985 Public Law 99-59 99th Congress An Act

July 3, 1985 [S. 413]

To extend the provisions of title XII of the Merchant Marine Act, 1936, relating to '^ar risk insurance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294) is amended by striking "September 30, 1984" and inserting in lieu thereof "June 30, 1990". Approved July 3, 1985.

LEGISLATIVE HISTORY—S. 413: SENATE REPORT No. 99-13 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 131 (1985): June 6, considered and passed Senate. June 24, considered and passed House.

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 PUBLIC LAW 99-60—JULY 3, 1985

99 STAT. I l l

Public Law 99-60 99th Congress Joint Resolution Commemorating the 75th Anniversary of the Boy Scouts of America.

Whereas the Boy Scouts of America is our Nation's largest organization for young people and has served our Nation's youth since the founding of the organization in 1910; Whereas more than 70 million people have benefited from membership in this highly regarded youth organization, and millions more have benefited from the service, inspiration, and leadership provided by the Boy Scouts; Whereas Scouting builds character and fitness, teaches good citizenship skills, and provides leadership development opportunities for all young people regardless of their race, religion, or socioeconomic background; Whereas the Boy Scouts encourages conservation of natural resources through environmental awareness; Whereas the Boy Scouts has remained true to its original values and purposes as outlined in its Federal charter, while also demonstrating its ability to be innovative; Whereas the Scout Oath, Scout Law, Scout Slogan, and Scout Motto, which express the essential principles of Scouting, are the same now as they were in 1910; Whereas Scouting is supported by religious, civic, educational, fraternal, and community organizations, and is encouraged by the continued commitment of such organizations to its values, ideals, and traditions; Whereas the Boy Scouts of America is moving into the future with even greater emphasis on personal ethics, values, and the importance of the family; Whereas many Members of Congress have participated in the Boy Scouts, including some who have become Eagle Scouts; and Whereas the 75th anniversary of the founding of the Boy Scouts of America provides an opportunity to recognize the contribution of the organization to the improvement of our Nation's youth and to congratulate and commend the volunteer adult leaders who make the Boy Scouts possible: Now, therefore, be it

July 3, 1985 [H.J. Res. 159]

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 99 STAT. 112

PUBLIC LAW 99-60—JULY 3, 1985 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the year 1985 is designated as the "75th Anniversary of the Boy Scouts of America", and the President is authorized and requested to issue a proclamation caUing upon the people of the United States to observe such year with appropriate ceremonies and activities. Approved July 3, 1985.

LEGISLATIVE HISTORY—H.J. Res. 159 (S.J. Res. 90): CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 15, S.J. Res. 90 considered and passed Senate. June 4, considered and passed House. June 21, considered and passed Senate.

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 PUBLIC LAW 99-61—JULY 9, 1985

Public Law 99-61 99th Congress

99 STAT. 113

An Act

To authorize the minting of coins in commemoration of the centennial of the Statue of Liberty and to authorize the issuance of Liberty Coins.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—STATUE OF LIBERTY-ELLIS ISLAND COMMEMORATIVE COINS

July 9, 1985 [H.R. 47] Statue of LibertyEllis Island Commemorative Coin Act.

SHORT TITLE

SEC. 101. This Act may be cited as the 'Statue of Liberty-Ellis Island Commemorative Coin Act". COIN SPECIFICATIONS

SEC. 102. (a)(1) The Secretary of the Treasury (hereafter in this title referred to as the "Secretary") shall issue not more than 500,000 five dollar coins which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) The design of such five dollar coins shall be emblematic of the centennial of the Statue of Liberty. On erch such five dollar coin there shall be a designation of the value of the coin, an inscription of the year "1986", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (b)(1) The Secretary shall issue not more than ten million one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) The design of such dollar coins shall be emblematic of the use of Ellis Island as a gateway for immigrants to America. On each such dollar coin there shall be a designation of the value of the coin, an inscription of the year "1986", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (cKD The Secretary shall issue not more than twenty-five million half dollar coins which shall weigh 11.34 grams, have a diameter of 1.205 inches, and shall be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (2) The design of such half dollar coins shall be emblematic of the contributions of immigrants to America. On each such half dollar coin there shall be a designation of the value of the coin, an inscription of the year "1986", and inscriptions of the words "Liberty", "In God. We Trust". "United States of America", and "E Pluribus Unum". (d) The coins issued under this title shall be legal tender as provided in section 5103 of title 31, United States Code.

31 USC 5112 note.

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 99 STAT. 114

PUBLIC LAW 99-61—JULY 9, 1985 SOURCES OF BULUON

SEC. 103. (a) The Secretary shall obtain silver for the coins minted under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). (b) The Secretary shall obtain gold for the coins minted under this title pursuant to the authority of the Secretary under existing law. DESIGN OF THE COINS

SEC. 104. The design for each coin authorized by this title shall be selected by the Secretary after consultation with the Chairman of the Statue of Liberty-Ellis Island Foundation, Inc. and the Chairman of the Commission of Fine Arts. SALE OF THE COINS

SEC. 105. (a) Notwithstanding any other provision of law, the coins issued under this title shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) The Secretary shall make bulk sales at a reasonable discount to reflect the lower costs of such sales. (c) The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (d) All sales shall include a surcharge of $35 per coin for the five dollar coins, $7 per coin for the one dollar coins, and $2 per coin for the half dollar coins. ISSUANCE OF THE COINS

SEC. 106. (a) The gold coins authorized by this title shall be issued in uncirculated and proof qualities and shall be struck at no more than one facility of the United States Mint. (b) The one dollar and half dollar coins authorized under this title may be issued in uncirculated and proof qualities, except that not more than one facility of the United States Mint may be used to strike any particular combination of denomination and quality. (c) Notwithstanding any other provision of law, the Secretary may issue the coins minted under this title beginning October 1, 1985. (d) No coins shall be minted under this title after December 31, 1986. GENERAL WAIVER OF PROCUREMENT REGULATIONS

SEC. 107. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this title. Nothing in this section shall relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. DISTRIBUTION OF SURCHARGES

SEC. 108. All surcharges which are received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary to the Statue of Liberty-Ellis Island Foundation, Inc.

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 PUBLIC LAW 99-61—JULY 9, 1985

99 STAT. 115

(hereinafter in this title referred to as the "Foundation"). Such amounts shall be used to restore and renovate the Statue of Liberty and the facilities used for immigration at Ellis Island and to establish an endowment in an amount deemed sufficient by the Foundation, in consultation with the Secretary of the Interior, to ensure the continued upkeep and maintenance of these monuments. AUDITS

SEC. 109. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Foundation as may be related to the expenditure of amounts paid, and the management and expenditures of the endowment established, under section 108. COINAGE PROFIT FUND

SEC. 110. Notwithstanding any other provision of law— (1) all amounts received from the sale of coins issued under this title shall be deposited in the coinage profit fund; (2) the Secretary shall pay the amounts authorized under this title from the coinage profit fund; and (3) the Secretary shall charge the coinage profit fund with all expenditures under this title. FINANCIAL ASSURANCES

SEC. 111. (a) The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this title shall result in no net cost to the United States Government. (b) No coin shall be issued under this title unless the Secretary has received— (1) full payment therefor; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board. TITLE II—LIBERTY COINS

Liberty Coin Act.

SHORT TITLE

SEC. 201. This title may be cited as the "Liberty Coin Act". 31 USC 5112 note. MINTING OF SILVER COINS

SEC. 202. Section 5112 of title 31, United States Code, is amended by striking out subsections (e) and (f) and inserting in lieu thereof the following new subsections: "(e) Notwithstanding any other provision of law, the Secretary shall mint and issue, in quantities sufficient to meet public demand, coins which— "(1) are 40.6 millimeters in diameter and weigh 31.103 grams; "(2) contain.999 fine silver; "(3) have a design— "(A) symbolic of Liberty on the obverse side; and

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 99 STAT. 116

PUBLIC LAW 99-61—JULY 9, 1985 "(B) of an eagle on the reverse side; "(4) have inscriptions of the year of minting or issuance, and the words 'Liberty', 'In God We Trust', 'United States of America', '1 Oz. Fine Silver', 'E Pluribus Unum', and 'One Dollar'; and "(5) have reeded edges. "(f) The Secretary shall sell the coins minted under subsection (e) to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dyes, use of machinery, and overhead expenses). "(g) For purposes of section 5132(a)(1) of this title, all coins minted under subsection (e) of this section shall be considered to be numismatic items. "(h) The coins issued under this title shall be legal tender as provided in section 5103 of title 31, United States C!ode.". PURCHASE OF SILVER

Ante, p. 115.

SEC. 203. Section 5116(b) of title 31, United States Code, is amended— (1) in the first sentence of paragraph (1), by striking out "The Secretary shall" and inserting in lieu thereof "The Secretary may"; (2) by striking out the second sentence of paragraph (1); and (3) by inserting after the first sentence of paragraph (2) the following new sentence: "The Secretary shall obtain the silver for the coins authorized under section 5112(e) of Ihis title by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).". CONFORMING AMENDMENT

SEC. 204. The third sentence of section 5132(a)(1) of title 31, United States Code, is amended by inserting "minted under section 5112(a) of this title" after "proof coins".

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 PUBLIC LAW 99-61—JULY 9, 1985

99 STAT. 117

EFFECTIVE DATE

SEC. 205. This title shall take effect on October 1, 1985, except that Effective date. no coins may be issued or sold under subsection (e) of section 5112 of ^g^Y^^ ^^^^ title 31; United States Code, before September 1, 1986, or before the Ante, p. 115. date on which all coins minted under title I of this Act have been sold, whichever is earlier. Approved July 9, 1985.

LEGISLATIVE HISTORY—H.R. 47: CONGRESSIONAL RECORD, Vol. 131 (1985): March 5, considered and passed House. June 21, considered and passed Senate, amended. June 24, House concurred in Senate amendments.

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 99 STAT. 118

PUBLIC LAW 99-62—JULY 11, 1985 Public Law 99-62 99th Congress An Act

July 11, 1985 [H.R. 2800]

98 Stat. 466.

To provide authorization of appropriations for activities under the Land RemoteSensing Commercialization Act of 1984.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 609 of the Land Remote-Sensing CommerciaHzation Act of 1984 (15 U.S.C. 4278) is amended by striking "$75,000,000 for fiscal year 1985" and inserting in Heu thereof "$295,000,000 for fiscal years 1985 through 1989, of which not more than $125,000,000 shall be available for fiscal years 1985 and 1986,". Approved July 11, 1985.

LEGISLATIVE HISTORY—H.R. 2800 (S. 1279): HOUSE REPORT No. 99-177 (Comm. on Science and Technology). SENATE REPORT No. 99-86 accompanying S. 1279 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 131 (1985): June 24, considered and passed House. June 26, considered and passed Senate, amended, in lieu of S. 1279. June 27, Senate receded from its amendment and concurred in House bill.

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 PUBLIC LAW 99-63—JULY 11, 1985

99 STAT. 119

Public Law 99-63 99th Congress An Act To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1336) is amended by striking out the last sentence and inserting in lieu thereof the following: "Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.". Approved July 11, 1985.

LEGISLATIVE HISTORY—S. 822 (H.R. 1614): HOUSE REPORT No. 99-146 accompanying H.R. 1614 (Coram, on Agriculture). SENATE REPORT No. 99-77 (Coram, on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 131 (1985): June 4, H.R. 1614 considered and passed House. June 21, considered and passed Senate. June 26, considered and passed House, amended. June 27, Senate concurred in House araendment with araendraent; House agreed to Senate araendraent.

July ii, 1985 July 11, u [S. 822]

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 99 STAT. 120

PUBLIC LAW 99-64—JULY 12, 1985

Public Law 99-64 99th Congress An Act July 12, 1985 [S. 883] Exports.

To reauthorize the Export Administration Act of 1979, 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.

Titles I and II of this Act may be cited as the "Export Administration Amendments Act of 1985". Export Administration Amendments Act of 1985.

50 USC app. 2401 note.

TITLE I—AMENDMENTS TO EXPORT ADMINISTRATION ACT OF 1979 SEC. 101. REFERENCE TO THE ACT.

Except as a otherwise expressly provided, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Export Administration Act of 1979. SEC. 102. FINDINGS.

Commerce and trade.

Hazardous materials.

Defense and national security.

Section 2 (50 U.S.C. App. 2401) is amended as follows: (1) Paragraph (2) is amended by striking out "by strengthening the trade balance and the value of the United States dollar, thereby reducing inflation" and inserting in lieu thereof "by earning foreign exchange, thereby contributing favorably to the trade balance". (2) Paragraph (3) is amended by striking out "which would strengthen the Nation's economy" and inserting in lieu thereof "consistent with the economic, security, and foreign policy objectives of the United States". (3) Paragraph (6) is amended to read as follows: "(6) Uncertainty of export control policy can inhibit the efforts of United States business and work to the detriment of the overall attempt to improve the trade balance of the United States.". (4) Paragraph (9) is amended by striking out "achievement of a positive balance of payments" and inserting in lieu thereof "a positive contribution to the balance of payments". (5) Section 2 is amended by adding at the end the following: "(10) It is important that the administration of export controls imposed for foreign policy purposes give sx)ecial emphasis to the need to control exports of goods and substances hazardous to the public health and the environment which are banned or severely restricted for use in the United States, and which, if exported, could affect the international reputation of the United States as a responsible trading partner. "(11) The acquisition of national security sensitive goods and technology by the Soviet Union and other countries the actions

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99 STAT. 121

or policies of which run counter to the national security interests of the United States, has led to the significant enhancement of Soviet bloc military-industrial capabilities. This enhancement poses a threat to the security of the United States, its allies, and other friendly nations, and places additional demands on the defense budget of the United States. "(12) Availability to controlled countries of goods and technology from foreign sources is a fundamental concern of the United States and should be eliminated through negotiations and other appropriate means whenever possible. "(13) Excessive dependence of the United States, its allies, or countries sharing common strategic objectives with the United States, on energy and other critical resources from potential adversaries can be harmful to the mutual and individual security of all those countries.". SEC. 103. DECLARATION OF POLICY.

Section 3 (50 U.S.C. App. 2402)'is amended as follows: (1) Paragraph (3) is amended by inserting before the period at the end "or common strategic objectives". (2) Paragraph (7) is amended— (A) by striking out "every reasonable effort" in the second sentence and inserting in lieu thereof "reasonable and prompt efforts"; and (B) by striking out "resorting to the imposition of controls on exports from the United States" in the second sentence and inserting in lieu thereof "imposing export controls", (3) Paragraph (8) is amended— (A) by striking out "every reasonable effort" in the second sentence and inserting in lieu thereof "reasonable and prompt efforts"; and (B) by striking out "resorting to the imposition of export controls" in the second sentence and inserting in lieu thereof "imposing export controls". (4) Paragraph (9) is amended— (A) by inserting "or common strategic objectives" after "commitments" each place it appears; and (B) by inserting before the period at the end the following: ", and to encours^e other friendly countries to cooperate in restricting the sale of goods and technology that can harm the security of the United States". (5) Section 3 is amended by adding at the end the following"(12) It is the policy of the United States to sustain vigorous scientific enterprise. To do so involves sustaining the ability of scientists and other scholars freely to communicate research findings, in accordance with applicable provisions of law, by means of publication, teaching, conferences, and other forms of scholarly exchange. "(13) It is the policy of the United States to control the export of goods and substances banned or severely restricted for use in the United States in order to foster public health and safety and to prevent injury to the foreign policy of the United States as well as to the credibility of the United States as a responsible trading partner. "(14) It is the policy of the United States to cooperate with countries which are allies of the United States and countries which share common strategic objectives with the United States

Research and development.

Commerce and trade.

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International agreements. Union of Soviet Socialist Republics.

PUBLIC LAW 99-64—JULY 12, 1985 in minimizing dependence on imports of energy and other critical resources from potential adversaries and in developing alternative supplies of such resources in order to minimize strategic threats posed by excessive hard currency earnings derived from such resource exports by countries with policies adverse to the security interests of the United States. "(15) It is the policy of the United States, particularly in light of the Soviet massacre of innocent men, women, and children aboard Korean Air Lines flight 7, to continue to object to exceptions to the International Control List for the Union of Soviet Socialist Republics, subject to periodic review by the President.". SEC. 104. GENERAL PROVISIONS. (a) VALIDATED LICENSES AUTHORIZING MULTIPLE EXPORTS.—Sec-

Post, p. 128.

Post, p. 148.

tion 4(a)(2) (50 U.S.C. App. 2403(a)(2)) is amended to read as follows: "(2) Validated licenses authorizing multiple exports, issued pursuant to an application by the exporter, in lieu of an individual validated license for each such export, including, but not limited to, the following: "(A) A distribution license, authorizing exports of goods to approved distributors or users of the goods in countries other than controlled countries. The Secretary shall grant the distribution license primarily on the basis of the reliability of the applicant and foreign consignees with respect to the prevention of diversion of goods to controlled countries. The Secretary shall have the responsibility of determining, with the assistance of all appropriate agencies, the reliability of applicants and their immediate consignees. The Secretary's determination shall be based on appropriate investigations of each applicant and periodic reviews of licensees and their compliance with the terms of licenses issued under this Act. Factors such as the applicant's products or volume of business, or the consignees' geographic location, sales distribution area, or degree of foreign ownership, which may be relevant with respect to individual cases, shall not be determinative in creating categories or general criteria for the denial of applications or withdrawal of a distribution license. "(B) A comprehensive operations license, authorizing exports and reexports of technology and related goods, including items from the list of militarily critical technologies developed pursuant to section 5(d) of this Act which are included on the control list in accordance with that section, from a domestic concern to and among its foreign subsidiaries, affiliates, joint venturers, and licensees that have long-term, contractually defined relations with the exporter, are located in countries other than controlled countries, and are approved by the Secretary. The Secretary shall grant the license to manufacturing, laboratory, or related operations on the basis of approval of the exporter's systems of control, including internal proprietary controls, applicable to the technology and related goods to be exported rather than approval of individual export transactions. The Secretary and the Commissioner of Customs, consistent with their authorities under section 12(a) of this Act, and with the assistance of all appropriate agencies,

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shall periodically, but not less frequently than annually, perform audits of licensing procedures under this subparagraph in order to assure the integrity and effectiveness of those procedures. "(C) A project license, authorizing exports of goods or technology for a specified activity. "(D) A service supply license, authorizing exports of spare or replacement parts for goods previously exported.". (b) CONTROL LIST.—Section 4(b) is amended—

(1) by striking out "Commodity" and "commodity"; and (2) by striking out "consisting of any goods or technology subject to export controls under this Act" and inserting in lieu thereof "stating license requirements (other than for general licenses) for exports of goods and technology under this Act".

50 USC app.

2403.

(c) FOREIGN AVAILABILITY.—Section 4(c) is amended—

(1) by striking out "significant" and inserting in lieu thereof "sufficient"; (2) by inserting after "those produced in the United States" the following: "so as to render the controls ineffective in achieving their purposes"; and (3) by adding at the end the following: "In complying with the provisions of this subsection, the President shall give strong emphasis to bilateral or multilateral negotiations to eliminate foreign availability. The Secretary and the Secretary of Defense shall cooperate in gathering information relating to foreign availability, including the establishment and maintenance of a jointly operated computer system.". (d) NOTIFICATION OF PUBLIC AND CONSULTATION WITH BUSINESS.—

Section 4(f) is amended to read as follows: "(f) NOTIFICATION OF THE PUBLIC; CONSULTATION WITH BUSINESS.—

The Secretary shall keep the public fully apprised of changes in export control policy and procedures instituted in conformity with this Act with a view to encouraging trade. The Secretary shall meet regularly with representatives of a broad spectrum of enterprises, labor organizations, and citizens interested in or affected by export controls, in order to obtain their views on United States export control policy and the foreign availability of goods and technology.". SEC. 105. NATIONAL SECURITY CONTROLS. (a) AUTHORITY.— (1) TRANSFERS TO EMBASSIES OF CONTROLLED COUNTRIES.—Sec-

tion 5(a)(l) (50 U.S.C. App. 2404(a)(l)) is amended by inserting after the first sentence the following new sentence: "The authority contained in this subsection includes the authority to prohibit or curtail the transfer of goods or technology within the United States to embassies and affiliates of controlled countries.". (2) CLERICAL AMENDMENT.—Section 5(a)(2) is amended— (A) by striking out "(A)"; and (B) by striking out subparagraph (B). (3) SAFEGUARDS TO PREVENT DIVERSIONS.—Section 5(a)(3) is amended by striking out the last sentence. (b) PoucY TOWARD INDIVIDUAL COUNTRIES.— (1) CONTROLLED COUNTRIES.—Section 5(b) is amended by strik- President of U.S. ing out the first sentence and inserting in lieu thereof the following: "(1) In administering export controls for national security purposes under this section, the President shall estab-

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 99 STAT. 124 22 USC 2370.

Ante, p. 123.

PUBLIC LAW 99-64—JULY 12, 1985 lish as a list of controlled countries those countries set forth in section 620(f) of the Foreign Assistance Act of 1961, except that the President may add any country to or remove any country from such list of controlled countries if he determines that the export of goods or technology to such country would or would not (as the case may be) make a significant contribution to the military potential of such country or a combination of countries which would prove detrimental to the national security of the United States. In determining whether a country is added to or removed from the list of controlled countries, the President shall take into account— "(A) the extent to which the country's policies are adverse to the national security interests of the United States; "(B) the country's Communist or non-Communist status; "(C) the present and potential relationship of the country with the United States; "(D) the present and potential relationships of the country with countries friendly or hostile to the United States; "(E) the country's nuclear weapons capability and the country's compliance record with respect to multilateral nuclear weapons agreements to which the United States is a party; and "(F) such other factors as the President considers appropriate. Nothing in the preceding sentence shall be interpreted to limit the authority of the President provided in this Act to prohibit or curtail the export of any goods or technology to any country to which exports are controlled for national security purposes other than countries on the list of controlled countries specified in this paragraph.". (2) EXPORTS TO COCOM COUNTRIES.—Section 5(b) is amended by

adding at the end the following: "(2) No authority or permission to export may be required under this section before goods or technology are exported in the case of exports to a country which maintains export controls on such goods or technology cooperatively with the United States pursuant to the agreement of the group known as the Coordinating Committee, if the goods or technology is at such a level of performance characteristics that the export of the goods or technology to controlled countries requires only notification of the participating governments of the Coordinating Committee.". (3) TECHNICAL AMENDMENT.—Section 5(b)(1), as amended by paragraph (1) of this subsection, is amended in the last sentence by striking out "specified in the preceding sentence" and inserting in lieu thereof "set forth in this paragraph". (c) CONTROL LIST.— 50 USC app. 2404. Federal Register, publication. 50 USC app. 2402.

(1) ANNUAL REVIEW.—Section 5(c) is amended—

(A) in paragraph (1) by striking out "commodity"; and (B) by amending paragraph (3) to read as follows: "(3) The Secretary shall review the list established pursuant to this subsection at least once each year in order to carry out the policy set forth in section 3(2)(A) of this Act and the provisions of this section, and shall promptly make such revisions of the list as may be necessary after each such review. Before beginning each annual review, the Secretary shall publish notice of that annual review in the Federal Register. The Secretary shall provide an opportunity during such review for comment and the submission of data, with or without oral presentation, by interested Government agencies and other affected or potentially affected parties. The

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 PUBLIC LAW 99-64—JULY 12, 1985 Secretary shall publish in the Federal Register any revisions in the list, with an explanation of the reasons for the revisions. The Secretary shall further assess, as part of such review, the availability from sources outside the United States of goods and technology comparable to those subject to export controls imposed under this section.". (2) EFFECTIVE DATE.—The amendment made by paragraph (1)(B) of this subsection shall take effect on October 1, 1985. (d) EXPORT LICENSES.—Section 5(e) is amended—

(1) in paragraph (1) by striking out "a qualified general license in lieu of a validated license" and inserting in lieu thereof "the multiple validated export licenses described in section 4(a)(2) of this Act in lieu of individual validated licenses", and (2) by striking out paragraphs (3) and (4) and inserting in lieu thereof the following: "(3) The Secretary, subject to the provisions of subsection (1) of this section, shall not require an individual validated export license for replacement parts which are exported to replace on a one-for-one basis parts that were in a good that has been lawfully exported from the United States. "(4) The Secretary shall periodically review the procedures with respect to the multiple validated export licenses, taking appropriate action to increase their utilization by reducing qualification requirements or lowering minimum thresholds, to combine procedures which overlap, and to eliminate those procedures which appear to be of marginal utility. "(5) The export of goods subject to export controls under this section shall be eligible, at the discretion of the Secretary, for a distribution license and other licenses authorizing multiple exports of goods, in accordance with section 4(a)(2) of this Act. The export of technology and related goods subject to export controls under this section shall be eligible for a comprehensive operations license in accordance with section 4(a)(2)(B) of this Act.". (e) INDEXING.—Section 5(g) is amended to read as follows: "(g) INDEXING.—In order to ensure that requirements for validated licenses and other licenses authorizing multiple exports are periodically removed as goods or technology subject to such requirements becomes obsolete with respect to the national security of the United States, regulations issued by the Secretary may, where appropriate, provide for annual increases in the performance levels of goods or technology subject to any such licensing requirement. The regulations issued by the Secretary shall establish as one criterion for the removal of goods or technology from such license requirements the anticipated needs of the military of controlled countries. Any such goods or technology which no longer meets the performance levels established by the regulations shall be removed from the list established pursuant to subsection (c) of this section unless, under such exceptions and under such procedures as the Secretary shall prescribe, any other department or agency of the United States objects to such removal and the Secretary determines, on the basis of such objection, that the goods or technology shall not be removed from the list. The Secretary shall also consider, where appropriate, removing site visitation requirements for goods and technology which are removed from the list unless objections described in this subsection are raised.". (f) MULTILATERAL EXPORT CONTROLS.—Section 5(i) is amended—

99 STAT. 125 Commerce and trade.

50 USC app. 2404 note. 50 USC app.

2404. Ante, p. 122.

50 USC app. 2404.

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International agreements.

Penalties.

PUBLIC LAW 99-64—JULY 12, 1985 (1) by striking out paragraph (3); (2) in paragraph (4)— (A) by striking out "(4)" and inserting in lieu thereof "(3)"; and (B) by striking out "pursuant to paragraph (3)" and inserting in lieu thereof "by the members of the Committee"; and (3) by adding at the end the following: "(4) Agreement to enhance full compliance by all parties with the export controls imposed by agreement of the Committee through the establishment of appropriate mechanisms. "(5) Agreement to improve the International Control List and minimize the approval of exceptions to that list, strengthen enforcement and cooperation in enforcement efforts, provide sufficient funding for the Committee, and improve the structure and function of the Secretariat of the Committee by upgrading professional staff, translation services, data base maintenance, communications, and facilities. "(6) Agreement to coordinate the systems of export control documents used by the participating governments in order to verify effectively the movement of goods or technology subject to controls by the Committee from the country of any such government to any other place. "(7) Agreement to establish uniform, adequate criminal and civil penalties to deter more effectively diversions of items controlled for export by agreement of the Committee. "(8) Agreement to increase on-site inspections by national enforcement authorities of the participating governments to ensure that end users who have imported items controlled for export by agreement of the Committee are using such items for the stated end uses, and that such items are, in fact, under the control of those end users. "(9) Agreement to strengthen the Committee so that it functions effectively in controlling export trade in a manner that better protects the national security of each participant to the mutual benefit of all participants.". (g) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—Section

50 USC app. 2404.

5(j) is amended to read as follows: "(j) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—(1) Any

United States firm, enterprise, or other nongovernmental entity which enters into an agreement with any agency of the government of a controlled country, that calls for the encouragement of technical cooperation and that is intended to result in the export from the United States to the other party of unpublished technical data of United States origin, shall report to the Secretary the agreement with such agency in sufficient detail. "(2) The provisions of paragraph (1) shall not apply to colleges, universities, or other educational institutions.". (h)

NEGOTIATIONS WITH

OTHER

COUNTRIES.—Section

5(k)

is

amended— (1) by inserting after "conducting negotiations with other countries" the following: ", including those countries not participating in the group known as the Coordinating Committee,"; and (2) by adding at the end the following: "In cases where such negotiations produce agreements on export restrictions comparable in practice to those maintained by the Coordinating

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Committee, the Secretary shall treat exports, whether by individual or multiple licenses, to countries party to such agreements in the same manner as exports to members of the Coordinating Committee a r e treated, including the same manner as exports are treated under subsection (b)(2) of this section and section 10(o) of this Act.". Post, p. 143. (i) DIVERSION OF CONTROLLED GOODS OR TECHNOLOGY.—Section 5(1) ISoY^^ ^^^ is amended to read as follows: "(1) DIVERSION OF CONTROLLED GOODS OR TECHNOLOGY.—(1) Whenever there is reliable evidence, as determined by the Secretary, that goods or technology which were exported subject to national security controls under this section to a controlled country have been diverted to an unauthorized use or consignee in violation of the conditions of an export license, the Secretary for as long as that diversion continues— "(A) shall deny all further exports, to or by the party or parties responsible for that diversion or who conspired in that diversion, of any goods or technology subject to national security controls under this section, regardless of whether such goods or technology are available from sources outside the United States; and "(B) may take such additional actions under this Act with respect to the party or parties referred to in subparagraph (A) as the Secretary determines are appropriate in the circumstances to deter the further unauthorized use of the previously exported goods or technology. "(2) As used in this subsection, the term 'unauthorized use' means the use of United States goods or technology in the design, production, or maintenance of any item on the United States Munitions List, or the military use of any item on the International Control List of the Coordinating Committee.". (j) ADDITIONAL NATIONAL SECURITY PROVISIONS,—Section 5 is

amended by adding at the end the following new subsections:

souscapp.

2404.

"(m) GOODS CONTAINING MICROPROCESSORS.—Export controls may

not be imposed under this section on a good solely on the basis that the good contains an embedded microprocessor, if such microprocessor cannot be used or altered to perform functions other than those it performs in the good in which it is embedded. An export control may be imposed under this section on a good containing an embedded microprocessor referred to in the preceding sentence only on the basis that the functions of the good itself are such that the good, if exported, would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States. "(n) SECURITY MEASURES.—The Secretary and the Commissioner of Customs, consistent with their authorities under section 12(a) of Post, p. 148. this Act, and in consultation with the Director of the Federal Bureau of Investigation, shall provide advice and technical assistance to persons engaged in the manufacture or handling of goods or technology subject to export controls under this section to develop security systems to prevent violations or evasions of those export controls. "(o) RECORDKEEPING.—The Secretary, the Secretary of Defense, and any other department or agency consulted in connection with a license application under this Act or a revision of a list of goods or technology subject to export controls under this Act, shall make and

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 99 STAT. 128

Establishment.

PUBLIC LAW 99-64—JULY 12, 1985 keep records of their respective advice, recommendations, or decisions in connection with any such license application or revision, including the factual and analytical basis of the advice, recommendations, or decisions. "(p) NATIONAL SECURITY CONTROL OFFICE.—TO assist in carrying out the policy and other authorities and responsibilities of the Secretary of Defense under this section, there is established in the Department of Defense a National Security Control Office under the direction of the Under Secretary of Defense for Policy. The Secretary of Defense may delegate to that office such of those authorities and responsibilities, together with such ancillary functions, aL' the Secretary of Defense considers appropriate. "(q) EXCLUSION FOR AGRICULTURAL COMMODITIES.—This section does not authorize export controls on Eigricultured commodities, including fats, oils, and animal hides and slans.". SEC. 106. MILITARILY CRITICAL TECHNOLOGIES,

Report.

(a) Section 5(d) (50 U.S.C. App. 2404(d)) is amended— (1) in paragraph (2)— (A) in subparagraph (B) by striking out "and" after "test equipment,"; (B) by adding "and" at the end of subparagraph (C); (C) by inserting after subparagraph (C) the following: "(D) keystone equipment which would reveal or give insight into the design and manufacture of a United States military system,"; and (D) by striking out "countries to which exports an controlled under this section" and inserting in lieu thereof the following: ", or available in fact from sources outside the United States to, controlled countries"; and (2) by striking out paragraphs (4) through (6) and inserting in lieu thereof the following: "(4) The Secretary and the Secretary of Defense shall integrate items on the list of militarily critical technologies into the control list in accordance with the requirements of subsection (c) of this section. The integration of items on the list of militarily critical technologies into the control list shall proceed with all deliberate speed. Any disagreement between the Secretary and the Secretary of Defense regarding the integration of an item on the list of militarily critical technologies into the control list shall be resolvec by the President. Except in the case of a good or technology for which a validated license may be required under subsection (f)(4) or (h)(6) of this section, a good or technology shall be included on the control list only if the Secretary finds that controlled countries do not possess that good or technology, or a functionally equivalent good or technology, and the good or technology or functionally equivalent good or technology is not available in fact to a controlled country from sources outside the United States in sufficient quantity and of comparable quality so that the requirement of a validated license for the export of such good or technology is or would be ineffective in achieving the purpose set forth in subsection (a) of this section. The Secretary and the Secretary of Defense shall jointly submit a report to the Congress, not later than 1 year after the date of the enactment of the Export Administration Amendments Act of 1985, on actions taiken to carry out this paragraph. For the pur;X)ses of this paragraph, assessment of whether a good or technology is

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functionally equivalent shall include consideration of the factors described in subsection (fK3) of this section. "(5) The Secretary of Defense shall establish a procedure for reviewing the goods and technology on the list of militarily critical technologies at least annually for the purpose of removing from the list of militarily critical technologies any goods or technology that are no longer militarily critical. The Secretary of Defense may add to the list of militarily critical technologies any good or technolo^ that the Secretary of Defense determines is militarily critical, consistent with the provisione of paragraph (2) of this subsection. If President of U.S. the Secretary and the Secretary of Defense disagree as to whether any change in the list of militarily critical technologies by the addition or removal of a good or technology should also be made in the control list, consistent with the provisions of the fourth sentence of paragraph (4) of this subsection, the President shall resolve the disagreement. "(6) The establishment of adequate export controls for militarily critical technology and keystone equipment shall be accompanied by suitable reductions in the controls on the products of that technology and equipment. "(7) The Secretary of Defense shall, not later than 1 year.ifter the Report. date of the enactment of the Export Administration Amendments Act of 1985, report to the Congress on efforts by the Department of Defense to assess the impact that the transfer of goods or technology on the list of militarily critical technologies to controlled countries has had or will have on the military capabilities of those countries.". SEC. 107. FOREIGN AVAILABILITY.

(a) CONSULTATIONS ON FOREIGN AVAILABILITY.—Section 5(fKl) (50 U.S.C. App. 2404(f)(l)) is amended by inserting after "The Secretary, in consultation with" the following: "the Secretary of Defense and other". (b) DETERMINATIONS OF FOREIGN AVAILABILITY.—Section 5(fK3) is amended to read as follows: "(3) The Secretary shall make a foreign availability determination under paragraph (1) or (2) on the Secretary's own initiative or upon receipt of an allegation from an export license applicant that such availability exists. In making any such determination, the Secretary shall accept the representations of applicants made in writing and supported by reasonable evidence, unless such representations are contradicted by reliable evidence, including scientific or physical examination, expert opinion based upon adequate factual information, or intelligence information. In making determinations of fore i ^ availability, the Secretary may consider such factors as cost, reliability, the availability and reliability of spare parts and the cost and quality thereof, maintenance programs, durability, quality of end products produced by the item proposed for export, and scale of production. For purposes of this paragraph, 'evidence' may include such items as foreign manufacturers' catalogues, brochures, or operation or maintenance manuals, articles from reputable trade publications, photographs, and depositions based upon eyewitness accounts.". (c) NEGOTIATIONS ON FOREIGN AVAILABILITY.—Section 5(fK4) is amended by striking out the first sentence and inserting in lieu thereof the following: "In any case in which export controls are President of U.S. maintained under this section notwithstanding foreign availability, on account of a determination by the President that the absence of

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PUBLIC LAW 99-64—JULY 12, 1985 the controls would prove detrimental to the national security of the United States, the President shall actively pursue negotiations with the governments of the appropriate foreign countries for the purpose of eliminating such availability. If, within 6 months after the President's determination, the foreign availability has not been eliminated, the Secretary may not, after the end of that 6-month period, require a validated license for the export of the goods or technology involved. The President may extend the 6-month period described in the preceding sentence for an additional period of 12 months if the President certifies to the Congress that the negotiations involved are progressing and that the absence of the export control involved would prove detrimental to the national security of the United States.". (d) OFFICE OF FOREIGN AVAILABILITY.—

50 USC app. 2404.

(1) ESTABLISHMENT.—Section 5(fK5) is amended to read as follows: "(5) The Secretary shall establish in the Department of Commerce an Office of Foreign Availability which, in the fiscal year 1985, shall be under the direction of the Assistant Secretary of Commerce for Trade Administration, and, in the fiscal year 1986 and thereafter, shall be under the direction of the Under Secretary of Commerce for Export Administration. The Office shall be responsible for gathering and analyzing all the necessary information in order for the Secretary to make determinations of foreign availability under this Act. The Secretary shall make available to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate at the end of each 6-month period during a fiscal year information on the operations of the Office, and on improvements in the Government's ability to assess foreign availability, during that 6-month period, including information on the training of personnel, the use of computers, and the use of Foreign Commercial Service officers. Such information shall also include a description of representative determinations made under this Act during that 6-month period that foreign availability did or did not exist (as the case may be), together with an explanation of such determinations.". (2) CLERICAL AMENDMENT.—Section 5(f)(6) is amended by striking out "Office of Export Administration" and inserting in lieu thereof "Office of Foreign Availability". (e)

REGULATIONS ON

FOREIGN

AVAILABILITY.—Section

5(f)

is

amended by adding at the end the following new paragraph: "(7) The Secretary shall issue regulations with respect to determinations of foreign availability under this Act not later than 6 months after the date of the enactment of the Export Administration Amendments Act of 1985.". / (f) TECHNICAL ADVISORY COMMITTEES.—

(1) MEMBERSHIP.—Section 5(h)(1) is amended by inserting ", the intelligence community," after "Departments of Commerce, Defense, and State". (2)

souscapp. 2402.

MATTERS ON WHICH COMMITTEES CONSULTED.—Section

5(h)(2) is amended in the second sentence— (A) by striking out "and" at the end of clause (C); and (B) by inserting before the period at the end of the second sentence the following: ", and (E) any other questions relating to actions designed to carry out the policy set forth in section 3(2)(A)of this Act.".

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 PUBLIC LAW 99-64—JULY 12, 1985 (3) FOREIGN AVAILABILITY CERTIFICATIONS.—Section 5(h)(6) is

99 STAT. 131 50 USC app.

amended by striking out "and provides adequate documenta- 2404. tion" and all that follows through the end of the paragraph and inserting in lieu thereof the following: "the technical advisory committee shall submit that certification to the Congress at the same time the certification is made to the Secretary, together with the documentation for the certification. The Secretary Report. shall investigate the foreign availability so certified and, not later than 90 days after the certification is made, shall submit a report to the technical advisory committee and the Congiress stating that— "(A) the Secretary has removed the requirement of a validated license for the export of the goods or technology, on account of the foreign availability, "(B) the Secretary has recommended to the President that negotiations be conducted to eliminate the foreign availability, or "(C) the Secretary has determined on the basis of the investigation that the foreign availability does not exist. To the extent necessary, the report may be submitted on a classified basis. In any case in which the Secretary has recommended to the President of U.S. President that negotiations be conducted to eliminate the foreign availability, the President shall actively pursue such negotiations with the governments of the appropriate foreign countries. If, within 6 months after the Secretary submits such report to the Congress, the foreign availability has not been eliminated, the Secretary may not, after the end of that 6-month period, require a validated license for the export of the goods or technology involved. The President may extend the 6-month period described in the preceding sentence for an additional period of 12 months if the President certifies to the Congress that the negotiations involved are progressing and that the absence of the export control involved would prove detrimental to the national security of the United States.". (i) STANDARD FOR FOREIGN AVAILABILITY.—Subsections (f)(D, (f)(2), and (h)(6) of section 5 are each amended by striking out "sufficient 50 USC app. 2404. quality" and inserting in lieu thereof "comparable quality", (j) TECHNICAL AMENDMENTS.—

(1) Subsection (f)(l) of section 5 is amended in the second sentence by striking out "such destinations" and inserting in lieu thereof "controlled countries". (2) Subsections (f)(4) and (h)(6) of section 5 are each amended by striking out "countries to which exports are controlled under this section" and inserting in lieu thereof "controlled countries". SEC. 108. FOREIGN POLICY CONTROLS.

(a) AUTHORITY.—Section 6(a) (50 U.S.C. App. 2405(a)) is amended— (1) in paragraph (1)— (A) by striking out "or (8)" and inserting in lieu thereof "(8), or (13)"; and (B) by inserting in the second sentence after "Secretary of State" the following: ", the Secretary of Defense, the J5ecretary of Agriculture, the Secretary of the Treasury, the United States Trade Representative,; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

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PUBLIC LAW 99-64—JULY 12, 1985

(3) by inserting after paragraph (1) the following new paragraph: "(2) Any export control imposed under this section shall apply to any transaction or activity undertaken with the intent to evade that export control, even if that export control would not otherwise apply to that transaction or activity."; and (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by striking out "(e)" and inserting in lieu thereof "(f)". 50 USC app. (b) CRITERIA.—Section 6(b) is amended to read as follows: 2405 "(b) CRITERIA.—(1) Subject to paragraph (2) of this subsection, the President of U.S. president may impose, extend, or expand export controls under this section only if the President determines that— "(A) such controls are likely to achieve the intended foreign policy purpose, in light of other factors, including the availability from other countries of the goods or technology proposed for such controls, and that foreign policy purpose cannot be achieved through negotiations or other alternative means; "(B) the proposed controls are compatible with the foreign policy objectives of the United States and with overall United States policy toward the country to which exports are to be subject to the proposed controls; "(C) the reaction of other countries to the imposition, extension, or expansion of such export controls by the United States is not likely to render the controls ineffective in achieving the intended foreign policy purpose or to be counterproductive to United States foreign policy interests; "(D) the effect of the proposed controls on the export performance of the United States, the competitive position of the United States in the international economy, the international reputation of the United States as a supplier of goods and technology, or on the economic well-being of individual United States companies and their employees and communities does not exceed the benefit to United States foreign policy objectives; and "(E) the United States has the ability to enforce the proposed controls effectively. "(2) With respect to those export controls in effect under this section on the date of the enactment of the Export Administration Amendments Act of 1985, the President, in determining whether to extend those controls, as required by subsection (a)(3) of this section, shall consider the criteria set forth in paragraph (1) of this subsection and shall consider the foreign policy consequences of modifying the export controls.". (c) CONSULTATION WITH INDUSTRY.—Section 6(c) is amended to

19 USC 2155.

50 USC app.

2405.

read as follows: "(c) CONSULTATION WITH INDUSTRY.—The Secretary in every possible instance shall consult with and seek advice from affected United States industries and appropriate advisory committees established under section 135 of the Trade Act of 1974 before imposing any export control under this section. Such consultation and advice shall be with respect to the criteria set forth in subsection (b)(1) and such other matters as the Secretary considers appropriate.". (d)

CONSULTATION

WITH

OTHER

COUNTRIES.—Section

6

is

amended— (1) by redesignating subsections (d) through (k) as subsections (e) through (1), respectively; and

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99 STAT. 133

(2) by inserting after subsection (c) the following new subsection: "(d) CONSULTATION WITH OTHER COUNTRIES.—When imposing

President of U.S.

export controls under this section, the President shall, at the earliest appropriate opportunity, consult with the countries with which the United States maintains export controls cooperatively, and with such other countries as the President considers appropriate, with respect to the criteria set forth in subsection (b)(1) and such other matters as the President considers appropriate.". (e) CONSULTATION WITH THE CONGRESS.—Section 6(f), as redesig-

Ante, p. 132.

nated by subsection (d) of this section, is amended to read as follows: "(f) CONSULTATION WITH THE CONGRESS.—(1) The President may

impose or expand export controls under this section, or extend such controls as required by subsection (a)(3) of this section, only after consultation with the Congress, including the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. "(2) The President may not impose, expand, or extend export controls under this section until the President has submitted to the Congress a report— "(A) specifying the purpose of the controls; "(B) specifying the determinations of the President (or, in the case of those export controls described in subsection (b)(2), the considerations of the President) with respect to each of the criteria set forth in subsection (b)(D, the bases for such determinations (or considerations), and any possible adverse foreign policy consequences of the controls; "(C) describing the nature, the subjects, and the results of, or the plans for, the consultation with industry pursuant to subsection (c) and with other countries pursuant to subsection (d); "(D) specifying the nature and results of any alternative means attempted under subsection (e), or the reasons for imposing, expanding, or extending the controls without attempting any such alternative means; and "(E) describing the availability from other countries of goods or technology comparable to the goods or technology subject to the proposed export controls, and describing the nature and results of the efforts made pursuant to subsection (h) to secure the cooperation of foreign governments in controlling the foreign availability of such comparable goods or technology. Such report shall also indicate how such controls will further significantly the foreign policy of the United States or will further its declared international obligations. "(3) To the extent necessary to further the effectiveness of the export controls, portions of a report required by paragraph (2) may be submitted to the Congress on a classified basis, and shall be subject to the provisions of section 12(c) of this Act. Each such report shall, at the same time it is submitted to the Congress, also be submitted to the General Accounting Office for the purpose of assessing the report's full compliance with the intent of this subsection. "(4) In the case of export controls under this section which prohibit or curtail the export of any agricultural commodity, a report submitted pursuant to paragraph (2) shall be deemed to be the report required by section 7(g)(3)(A) of this Act. "(5) In addition to any written report required under this section, the Secretary, not less frequently than annually, shall present in

President of U.S.

President of U.S. Report.

Report. Post, p. 150.

Report. Post, p. 140. Report.

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 99 STAT. 134

PUBLIC LAW 99-64—JULY 12, 1985 oral testimony before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on policies and actions taken by the Government to carry out the provisions of this section.". (f)

Ante, p. 132.

Ante, p. 121.

EXCLUSION OF CERTAIN ITEMS FROM FOREIGN POLICY CON-

TROLS.—Section 6(g), as redesignated by subsection (d) of this section, is amended— (1) by inserting after the first sentence the following: "This section also does not authorize export controls on donations of goods (including, but not limited to, food, educational materials, seeds and hand tools, medicines and medical supplies, water resources equipment, clothing and shelter materials, and basic household supplies) that are intended to meet basic human needs."; and (2) by striking out the last sentence and inserting in lieu thereof the following: "This subsection shall not apply to any export control on medicine, medical supplies, or food, except for donations, which is in effect on the date of the enactment of the Export Administration Amendments Act of 1985. Notwithstanding the preceding provisions of this subsection, the President may impose export controls under this section on medicine, medical supplies, food, and donations of goods in order to carry out the policy set forth in paragraph (13) of section 3 of this Act.". (g) FOREIGN AVAILABILITY.—

Ante, p. 132.

(1) IN GENERAL.—Section 6(h), as redesignated by subsection (d) of this section, is amended— (A) by inserting "(1)" immediately before the first sentence; and (B) by adding at the end the following: President of U.S. "(2) Before extending any export control pursuant to subsection (a)(3) of this section, the President shall evaluate the results of his actions under paragraph (1) of this subsection and shall include the results of that evaluation in his report to the Congress pursuant to subsection (f) of this section. "(3) If, within 6 months after the date on which export controls under this section are imposed or expanded, or within 6 months after the date of the enactment of the Export Administration Amendments Act of 1985 in the case of export controls in effect on such date of enactment, the President's efforts under paragraph (1) are not successful in securing the cooperation of foreign governments described in paragraph (1) with respect to those export controls, the Secretary shall thereafter take into account the foreign availability of the goods or technology subject to the export controls. If the Secretary affirmatively determines that a good or technology subject to the export controls is available in sufficient quantity and comparable quality from sources outside the United States to countries subject to the export controls so that denial of an export license would be ineffective in achieving the purposes of the controls, then the Secretary shall, during the period of such foreign availability, approve any license application which is required for the export of the good or technology and which meets all requirements for such a license. The Secretary shall remove the good or technology from the list established pursuant to subsection (1) of this section if the Secretary determines that such action is appropriate.

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99 STAT. 135

"(4) In making a determination of foreign availability under paragraph (3) of this subsection, the Secretary shall follow the procedures set forth in section 5(fK3) of this Act.". (2) AMENDMENTS NOT APPLICABLE TO CERTAIN EXISTING CONTROLS.—The amendments made by paragraph (1) of this subsection shall not apply to export controls in effect under subsection (i), (j)» or (k) of section 6 of the Export Administration Act of 1979 (as redesignated by subsection (d) of this section) immediately before the date of the enactment of this Act, or to export controls made effective by subsection (i)(2) of this section or by section 6(n) of the Export Administration Act of 1979 (as added by subsection (IXD of this section), (h) INTERNATIONAL OBLIGATIONS.—Section 6(i), as redesignated by subsection (d) of this section, is amended by striMng out "(0, and (g) and inserting in lieu thereof "(e), (g), and (h)".

Ante, p. 129. 50 USC app. 2405 "° Ante, p. 132. Post, p. 136. Ante, p. 132.

(i) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—Section

6(j), as redesignated by subsection (d) of this section, is amended to read as follows: "(j) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—(1)

The

Secretary and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before any license is approved for the export of goods or technology valued at more than $7,000,000 to any country concerning which the Secretary of State has made the following determinations: "(A) Such country has repeatedly provided support for acts of international terrorism. "(B) Such exports would make a significant contribution to the military potential of such country, including its military logistics capability, or would enhance the ability of such country to support acts of international terrorism. "(2) Any determination which has been made with respect to a President of U.S. country under paragraph (1) of this subsection may not be rescinded Reportunless the President, at least 30 days before the proposed rescission would take effect, submits to the Congress a report justifying the rescission and certifying that— "(A) the country concerned has not provided support for international terrorism, including support or sanctuary for any major terrorist or terrorist group in its territory, during the preceding 6-month period; and "(B) the country concerned has provided assurances that it will not support acts of international terrorism in the future.". 0') CRIME CONTROL INSTRUMENTS.— (1) CONCURRENCE OF SECRETARY OF STATE.—Section

6(k)(l), as redesignated by subsection (d) of this section, is amended by adding at the end the following new sentence: "Notwithstanding any other provision of this Act— (A) any determination of the Secretary of what goods or technology shall be included on the list established pursuant to subsection (1) of this section as a result of the export restrictions imposed by this subsection shall be made with the concurrence of the Secretary of State, and "(B) any determination of the Secretary to approve or deny an export license application to export crime control or detection instruments or equipment shall be made in concurrence with the recommendations of the Secretary of State submitted to the

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PUBLIC LAW 99-64—JULY 12, 1985

Secretary with respect to the appHcation pursuant to section 10(e) of this Act, except that, if the Secretary does not agree with the Secretary of State with respect to any determination under subparagraph (A) or (B), the matter shall be referred to the President for resolution.". 50 USC app. 2405 (2) APPLICABILITY OF AMENDMENT.—The amendment made by note. paragraph (1) of this subsection shall apply to determinations of the Secretary of Commerce which are made on or after the date of the enactment of this Act. Ante, p. 132. (k) CONTROL LIST.—Section 6(1), as redesignated by subsection (d) of this section, is amended— (1) in the first sentence by striking out "commodity"; and (2) by amending the second sentence to read as follows: "The Secretary shall clearly identify on the control list which goods or technology, and which countries or destinations, are subject to which types of controls under this section.". Post, p. 142.

(1) ADDITIONAL PROVISIONS ON FOREIGN POLICY CONTROLS.— (1) CONTRACT SANCTITY, EXTENSION OF CERTAIN CONTROLS, AND

South Africa. Effective date.

EXPANDED AUTHORITY.—Section 6 is amended by adding at the end the following: "(m) EFFECT ON EXISTING CONTRACTS AND LICENSES.—The President may not, under this section, prohibit or curtail the export or reexport of goods, technology, or other information— "(1) in performance of a contract or agreement entered into before the date on which the President reports to the Congress, pursuant to subsection (f) of this section, his intention to impose controls on the export or reexport of such goods, technology, or other information, or "(2) under a validated license or other authorization issued under this Act, unless and until the President determines and certifies to the Congress that— "(A) a breach of the peace poses a serious and direct threat to the strategic interest of the United States, "(B) the prohibition or curtailment of such contracts, agreements, licenses, or authorizations will be instrumental in remedving the situation posing the direct threat, and (C) the export controls will continue only so long as the direct threat persists, "(n) EXTENSION OF CERTAIN CONTROLS.—Those export controls imposed under this section with respect to South Africa which were in effect on February 28, 1982, and ceased to be effective on March 1, 1982, September 15, 1982, or January 20, 1983, shall become effective on the date of the enactment of this subsection, and shall remain in effect until 1 year after such date of enactment. At the end of that 1year period, any of those controls made effective by this subsection may be extended by the President in accordance with subsections (b) and (f) of this section. "(o) EXPANDED AUTHORITY TO IMPOSE CONTROLS.—(1) In any case in which the President determines that it is necessary to impose controls under this section without any limitation contained in subsection (c), (d), (e), (g), (h), or (m) of this section, the President may impose those controls only if the President submits that determination to the Congress, together with a report pursuant to subsection (f) of this section with respect to the proposed controls, and only if a law is enacted authorizing the imposition of those controls. If a joint resolution authorizing the imposition of those controls is introduced

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99 STAT. 137

in either House of Congress within 30 days after the Congress receives the determination and report of the President, that joint resolution shall be referred to the Committee on Banking, Housing, and Urban Affairs of the Senate and to the appropriate committee of the House of Representatives. If either such committee has not reported the joint resolution at the end of 30 days after its referral, the committee shall be discharged from further consideration of the joint resolution. "(2) For purposes of this subsection, the term 'joint resolution' means a joint resolution the matter after the resolving clause of which is as follows: 'That the Congress, having received on a determination of the President under section 6(o)(l) of the Export Administration Act of 1979 with respect to the expart Ante, p. 136. controls which are set forth in the report submitted to the Congress with that determination, authorizes the President to impose those export controls.', with the date of the receipt of the determination and report inserted in the blank. "(3) In the computation of the periods of 30 days referred to in paragraph (1), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.". (2) APPLICABILITY OF AMENDMENTS.—Subsections (m) and (o) of 50 USC app. 2405 section 6 of the Export Administration Act of 1979, as added by ^ot^. paragraph (1) of this subsection, shall not apply to export controls in effect immediately before the date of the enactment of this Act, or to export controls made effective by subsection (i)(2) of this section or by section 6(n) of the Export Administration Act of 1979 (as added by paragraph (1) of this subsection). SEC. 109. PETITIONS FOR MONITORING OR SHORT SUPPLY CONTROLS.

Section 7(c) (50 U.S.C. App. 2406(c)) is amended to read as follov^rs: "(c) PETITIONS FOR MONITORING OR CONTROLS.—(I)(A) Any entity, including a trade association, firm, or certified or recognized union or group of workers, that is representative of an industry or a substantial segment of an industry that processes metallic materials capable of being recycled may transmit a written petition to the Secretary requesting the monitoring of exports or the imposition of export controls, or both, with respect to any such material, in order to carry out the policy set forth in section 3(2)(C) of this Act. "(B) Each petition shall be in such form as the Secretary shall prescribe and shall contain information in support of the action requested. The petition shall include any information reasonably available to the petitioner indicating that each of the criteria set forth in paragraph (3)(A) of this subsection is satisfied. "(2) Within 15 days after receipt of any petition described in paragraph (1), the Secretary shall publish a notice in the Federal Register. The notice shall— "(A) include the name of the material that is the subject of the petition, "(B) include the Schedule B number of the material as set forth in the Statistical Classification of Domestic and Foreijjn Commodities Exported from the United States, "(C) indicate whether the petitioner is requesting that controls or monitoring, or both, be imposed with respect to the exportation of such material, and

50 USC app. 2402.

Federal Register, publication.

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