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 99 STAT. 138

50 USC app. 2402.

Federal Register, publication. Federal Register, publication.

PUBLIC LAW 99-64—JULY 12, 1985 "(D) provide that interested persons shall have a period of 30 days beginning on the date of publication of such notice to submit to the Secretary written data, views or arguments, with or without opportunity for oral presentation, with respect to the matter involved. At the request of the petitioner or any other entity described in paragraph (I)(A) with respect to the material that is the subject of the petition, or at the request of any entity representative of producers or exporters of such material, the Secretary shall conduct public hearings with respect to the subject of the petition, in which case the 30-day period may be extended to 45 days. "(3)(A) Within 45 days after the end of the 30- or 45-day period described in paragraph (2), as the case may be, the Secretary shall determine whether to impose monitoring or controls, or both, on the export of the material that is the subject of the petition, in order to carry out the policy set forth in section 3(2)(C) of this Act. In making such determination, the Secretary shall determine whether— "(i) there has been a significant increase, in relation to a specific period of time, in exports of such material in relation to domestic supply and demand; "(ii) there has been a significant increase in the domestic price of such material or a domestic shortage of such material relative to demand; "(iii) exports of such material are as important as any other cause of a domestic price increase or shortage relative to demand found under clause (ii); "(iv) a domestic price increase or shortage relative to demand found under clause (ii) has significantly adversely affected or may significantly adversely affect the national economy or any sector thereof, including a domestic industry; and "(v) monitoring or controls, or both, are necessary in order to carry out the policy set forth in section 3(2)(C) of this Act. "(B) The Secretary shall publish in the Federal Register a detailed statement of the reasons for the Secretary's determination pursuant to subparagraph (A) of whether to impose monitoring or controls, or both, including the findings of fact in support of that determination. "(4) Within 15 days after making a determination under paragraph (3) to impose monitoring or controls on the export of a material, the Secretary shall publish in the Federal Register proposed regulations with respect to such monitoring or controls. Within 30 days after the publication of such proposed regulations, and after considering any public comments on the proposed regulations, the Secretary shall publish and implement final regulations with respect to such monitoring or controls. "(5) For purposes of publishing notices in the Federal Register and scheduling public hearings pursuant to this subsection, the Secretary may consolidate petitions, and responses to such petitions, which involve the same or related materials. "(6) If a petition with respect to a particular material or group of materials has been considered in accordance with all the procedures prescribed in this subsection, the Secretary may determine, in the absence of significantly changed circumstances, that any other petition with respect to the same material or group of materials which is filed within 6 months after the consideration of the prior petition has been completed does not merit complete consideration under this subsection.

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99 STAT. 139

"(7) The procedures and time limits set forth in this subsection with respect to a petition filed under this subsection shall take precedence over any review undertaken at the initiative of the Secretary with respect to the same subject as that of the petition. "(8) The Secretary may impose monitoring or controls, on a temporary basis, on the export of a metallic material after a petition is filed under paragraph (I)(A) with respect to that material but before the Secretary makes a determination under paragraph (3) with respect to that material only if— "(A) the failure to take such temporary action would result in irreparable harm to the entity filing the petition, or to the national economy or segment thereof, including a domestic industry, and "(B) the Secretary considers such action to be necessary to carry out the policy set forth in section 3(2)(C) of this Act. 50 USC app. "(9) The authority under this subsection shall not be construed to 2402. affect the authority of the Secretary under any other provision of this Act, except that if the Secretary determines, on the Secretary/^'s own initiative, to impose monitoring or controls, or both, on the export of metallic materials capable of being recycled, under the authority of this section, the Secretary shall publish the reasons for such action in accordance with paragraph (3)(A) and (B) of this subsection. "(10) Nothing contained in this subsection shall be construed to preclude submission on a confidential basis to the Secretary of information relevant to a decision to impose or remove monitoring or controls under the authority of this Act, or to preclude consideration of such information by the Secretary in reaching decisions required under this subsection. The provisions of this paragraph shall not be construed to affect the applicability of section 552(b) of title 5, United States Code.". SEC. 110. SHORT SUPPLY CONTROLS.

(a) DOMESTICALLY PRODUCED CRUDE OIL.—Section 7(d) (50 U.S.C. App. 2406(d)) is amended— (1) in paragraph (1) by striking out "unless" and all that follows through "met" and inserting in lieu thereof "subject to paragraph (2) of this subsection"; (2) in paragraph (2)(A) by striking out "makes and publishes" and inserting in lieu thereof "so recommends to the Congress after making and publishing"; (3) in paragraph (2)(B)— (A) by striking out "reports such findings" and inserting in lieu thereof "includes such findings in his recommendation"; and (B) by striking out "thereafter" and all that follows through the end of the sentence and inserting in lieu thereof "after receiving that recommendation, agrees to a joint resolution which approves such exports on the basis of those findings, and which is thereafter enacted into law."; and (4) by adding at the end the following: "(4) Notwithstanding the provisions of section 20 of this Act, the Post, p. 155. provisions of this subsection shall expire on September 30, 1990.". (b) REFINED PETROLEUM PRODUCTS.—Section 7(e)(1) is amended in the first sentence by striking out "No" and inserting in lieu thereof the following: "In any case in which the President determines that

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 99 STAT. 140

50 USC app. 2402.

50 USC app.

2406.

Ante, p. 122.

PUBLIC LAW 99-64—JULY 12, 1985 it is necessary to impose export controls on refined petroleum products in order to carry out the policy set forth in section 3(2)(C) of this Act, the President shall notify the Congress of that determination. The President shall also notify the Congress if and when he determines that such export controls are no longer necessary. During any period in which a determination that such export controls are necessary is in effect, no". (c) UNPROCESSED RED CEDAR.—Section 7(i) is amended—

(1) in the last sentence of paragraph (1) by inserting "harvested from State or Federal lands after "red cedar logs"; (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (3) by inserting after paragraph (1) the following new paragraph: "(2) To the maximum extent practicable, the Secretary shall utilize the multiple validated export licenses described in section 4(a)(2) of this Act in lieu of validated licenses for exports under this subsection."; and (4) by amending paragraph (5)(A), as redesignated by paragraph (2) of this subsection, to read as follows: "(A) lumber of American Lumber Standards Grades of Number 3 dimension or better, or Pacific Lumber Inspection Bureau Export R-List Grades of Number 3 common or better;", (d) AGRICULTURAL COMMODITIES.—Section 7(g)(3) is amended to

read as follows: President of U.S. "(3)(A) If the President imposes export controls on any agriculReport. tural commodity in order to carry out the policy set forth in paragraph (2)(B), (2)(C), (7), or (8) of section 3 of this Act, the President shall immediately transmit a report on such action to the Congress, setting forth the reasons for the controls in detail and specifying the period of time, which may not exceed 1 year, that the Congress. Controls are proposed to be in effect. If the Congress, within 60 days after the date of its receipt of the report, adopts a joint resolution pursuant to paragraph (4) approving the imposition of the export controls, then such controls shall remain in effect for the period specified in the report, or until terminated by the President, whichever occurs first. If the Congress, within 60 days after the date of its receipt of such report, fails to adopt a joint resolution approving such controls, then such controls shall cease to be effective upon the expiration of that 60-day period. (B) The provisions of subparagraph (A) and paragraph (4) shall not apply to export controls— "(i) which are extended under this Act if the controls, when imposed, were approved by the Congress under subparagraph (A) and paragraph (4); or "(ii) which are imposed with respect to a country as part of the prohibition or curtailment of all exports to that country. "(4)(A) For purposes of this paragraph, the term 'joint resolution' means only a joint resolution the matter after the resolving clause of which is as follows: 'That, pursuant to section 7(g)(3) of the Export Administration Act of 1979, the President may impose export controls as specified in the report submitted to the Congress on .', with the blank space being filled with the appropriate date. "(B) On the day on which a report is submitted to the House of Representatives and the Senate under paragraph (3), a joint resolution with respect to the export controls specified in such report shall

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 PUBLIC LAW 99-64—JULY 12, 1985 be introduced (by request) in the House by the chairman of the Committee on Foreign Affairs, for himself and the ranking minority member of the Committee, or by Members of the House designated by the chairman and ranking minority member; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a report is submitted, the joint resolution shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. "(C) All joint resolutions introduced in the House of Representatives shall be referred to the appropriate committee and all joint resolutions introduced in the Senate shall be referred to the Committee on Banking, Housing, and Urban Affairs. "(D) If the committee of either House to which a joint resolution has been referred 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 or of any other joint resolution introduced with respect to the same matter. "(E) A joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. For the purpose of expediting the consideration and peisssige of joint resolutions reported or discharged pursuant to the provisions of this paragraph, it shall be in order for the Committee on Rules of the House of Representatives to present for consideration a resolution of the House of Representatives providing procedures for the immediate consideration of a joint resolution under this paragraph which may be similar, if applicable, to the procedures set forth in section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. "(F) In the case of a joint resolution described in subparagraph (A), if, before the psissage by one House of a joint resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— "(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but "(ii) the vote on final passage shall be on the joint resolution of the other House. "(5) In the computation of the period of 60 days referred to in paragraph (3) and the period of SO days referred to in subparagraph (D) of paragraph (4), 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 jan adjournment of the Congress sine die.". (e) CONTRACT SANCTITY.—Section 7 is amended by striking out subsection (j) and inserting in lieu thereof the following: "(j) EFFECT OF CONTROLS ON EXISTING CONTRACTS.—The export restrictions contained in subsection (i) of this section and any export controls imposed under this section shall not affect any contract to harvest unprocessed western red cedar from State lands which was entered into before October 1, 1979, and the performance of which would make the red cedar available for export. Any export controls imposed under this section on any agricultured commodity (including fats, oils, and animal hides and skins) or on any forest product or

99 STAT. 141

90 Stat. 765.

50 USC app. 2406. Forests and forest products.

Agriculture and agricultural commodities. Fish and fishing.

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 99 STAT. 142

PUBLIC LAW 99-64—JULY 12, 1985 fishery product, shall not affect any contract to export entered into before the date on which such controls are imposed. For purposes of this subsection, the term 'contract to export' includes, but is not limited to, an export sales agreement and an agreement to invest in an enterprise which involves the export of goods or technology.". SEC. 111. LICENSING PROCEDURES.

(a) REDUCTION OF PROCESSING TIME.—Section 10 (50 U.S.C. App. 2409) is amended— (1) by striking out "60" each place it appears and inserting in lieu thereof "40"; (2) by striking out "90" each place it appears and inserting in lieu thereof "60"; and (3) by striking out "30" each place it appears and inserting in lieu thereof "20". (b) AMENDMENTS WITH REGARD TO EXPORTS TO C O C O M COUNTRIES.— (1) ACTION ON APPLICATIONS NOT REFERRED TO OTHER DEPART-

MENTS OR AGENCIES.—Section 10(c) is amended by striking out

"In each case" and inserting in lieu thereof "Except as provided in subsection (o), in each case". (2) REFERRALS TO OTHER DEPARTMENTS AND AGENCIES.—Section

10(d) is amended— (A) by striking out "In each case" and inserting in lieu thereof "Except in the case of exports described in subsection (o), in each case"; and (B) by adding at the end the following: "Notwithstanding the 10-day period set forth in subsection QaX in the case of exports described in subsection (o), in each case in which the Secretary determines that it is necessary to refer an application to any other department or agency for its information and recommendations, the Secretary shall, immediately upon receipt of the properly completed application, refer the application to such department or agency for its review. Such review shall be concurrent with that of the Department of Commerce.". (3) ACTION BY OTHER DEPARTMENTS AND AGENCIES.—Section

10(e) is amended— (A) in paragraph (1) by striking out the first sentence and inserting in lieu thereof the following: "Any department or agency to which an application is referred pursuant to subsection (d) shall submit to the Secretary the information or recommendations requested with respect to the application. The information or recommendations shall be submitted within 20 days after the department or agency receives the application or, in the case of exports described in subsection (o), before the expiration of the time periods permitted by that subsection."; and (B) in paragraph (2)— (i) by striking out "If the head" and inserting in lieu thereof "(A) Except in the case of exports described in subsection (o), if the head", and (ii) by adding at the end the following: "(B) In the case of exports described in subsection (o), if the head of any such department or agency notifies the Secretary, before the expiration of the 15-day period provided in subsection (o)(D, that more time is required for review by such department or agency, the

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99 STAT. 143

Secretary shall notify the applicant, pursuant to subsection (o)(l)(C), that additional time is required to consider the application, and such department or agency shall have additional time to consider the application within the limits permitted by subsection (o)(2). If such department or agency does not submit its recommendations within the time periods permitted under subsection (o), it shall be deemed by the Secretary to have no objection to the approval of such application.". (4) ACTION BY THE SECRETARY.—Section 10(f) is amended in

paragraphs (1) and (4) by adding at the end of each such paragraph the following: "The provisions of this paragraph shall not apply in the case of exports described in subsection (o).".

50 USC app.

2409.

(c) RIGHT OF APPLICANT TO RESPOND TO NEGATIVE RECOMMENDA-

TIONS.—Section 10(fK2) is amended— (1) by inserting "in writing" after "inform the applicant"; and (2) by striking out ", and shall accord" and all that follows through the end of the paragraph and inserting in lieu thereof the following: ". Before a final determination with respect to the application is made, the applicant shall be entitled— (A) to respond in writing to such questions, considerations, or recommendations within 30 days after receipt of such information from the Secretary; and "(B) upon the filing of a written request with the Secretary within 15 days after the receipt of such information, to respond in person to the department or agency raising such questions, considerations, or recommendations. The provisions of this paragraph shall not apply in the case of exports described in subsection (o).". (d) RIGHTS OF APPLICANT WITH RESPECT TO PROPOSED DENIAL.—

Section 10(f)(3) is amended by striking out the first sentence and inserting in lieu thereof the following: In cases where the Secretary has determined that an application should be denied, the applicant shall be informed in writing, within 5 days after such determination is made, of— "(A) the determination, "(B) the statutory basis for the proposed denial, "(C) the policies set forth in section 3 of this Act which would 50 USC app. be furthered by the proposed denial, 2402. "(D) what if any modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with export controls imposed under this Act, "(E) which officers and employees of the Department of Commerce who are familiar with the application will be made reasonably available to the applicant for considerations with regard to such modifications or restrictions, if appropriate, '(F) to the extent consistent with the national security and foreign policy of the United States, the specific considerations which led to the determination to deny the application, and "(G) the availability of appeal procedures. The Secretary shall allow the applicant at least 30 days to respond to the Secretary's determination before the license application is denied.". (e) ADDITIONAL PROVISIONS.—Section 10 is amended—

(1) in the section heading by adding "; OTHER INQUIRIES" after "APPLICATIONS"; and

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 99 STAT. 144

PUBLIC LAW 99-64—JULY 12, 1985 (2) by adding at the end the following new subsections: "(k) CHANGES IN REQUIREMENTS FOR APPLICATIONS.—Except as

Business and industry.

provided in subsection (b)(3) of this section, in any case in which, after a license application is submitted, the Secretary changes the requirements for such a license application, the Secretary may request appropriate additional information of the applicant, but the Secretary may not return the application to the applicant without action because it fails to meet the changed requirements. "(1) OTHER INQUIRIES.—(1) In any case in which the Secretary receives a written request asking for the proper classification of a good or technology on the control list, the Secretary shall, within 10 working days after receipt of the request, inform the person making the request of the proper classification. "(2) In any case in which the Secretary receives a written request for information about the applicability of export license requirements under this Act to a proposed export transaction or series of transactions, the Secretary shall, within 30 days after receipt of the request, reply with that information to the person making the request. "(m) SMALL BUSINESS ASSISTANCE.—Not later than 120 days after the date of the enactment of this subsection, the Secretary shall develop and transmit to the Congress a plan to assist small businesses in the export licensing application process under this Act. The plan shall include, among other things, arrangements for counseling small businesses on filing applications and identifying goods or technology on the control list, proposals for seminars and conferences to educate small businesses on export controls and licensing procedures, and the preparation of informational brochures. "(n) REPORTS ON LICENSE APPLICATIONS.—(1) Not later than 180 days after the date of the enactment of this subsection, and not later than the end of each 3-month period thereafter, the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate a report listing— "(A) all applications on which action was completed during the preceding 3-month period and which required a period longer than the period permitted under subsection (c), (f)(D, or (h) of this section, as the case may be, before notification of a decision to approve or deny the application was sent to the applicant; and "(B) in a separate section, all applications which have been in process for a period longer than the period permitted under subsection (c), (f)(D, or (h) of this section, as the case may be, and upon which final action has not been taken. "(2) With regard to each application, each listing shall identify— "(A) the application case number: "(B) the value of the goods or technology to which the application relates; "(C) the country of destination of the goods or technology; "(D) the date on which the application was received by the Secretary; "(E) the date on which the Secretary approved or denied the application; "(F) the date on which the notification of approval or denial of the application was sent to the applicant; and

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 PUBLIC LAW 99-64—JULY 12, 1985 "(G) the total number of days which elapsed between receipt of the application, in its properly completed form, and the earlier of the last day of the 3-month period to which the report relates, or the date on which notification of approval or denial of the application was sent to the applicant. "(3) With respect to an application which was referred to other departments or agencies, the listing shall also include— "(A) the departments or agencies to which the application was referred; "(B) the date or dates of such referral; and "(C) the date or dates on which recommendations were received from those departments or agencies. "(4) With respect to an application referred to any other departr ment or agency which did not submit or has not submitted its recommendations on the application within the period permitted under subsection (e) of this section to submit such recommendations, the listing shall also include— "(A) the office responsible for processing the application and the position of the officer responsible for the office; and "(B) the period of time that elapsed before the recommendations were submitted or that has elapsed since referral of the application, as the case may be. "(5) Each report shall also provide an introduction which contains— "(A) a summary of the number of applications described in paragraph (1)(A) and (B) of this subsection, and the value of the goods or technology involved in the applications, groupe(d according to— "(i) the number of days which elapsed before action on the applications was completed, or which has elapsed without action on the applications being completed, as follows: 61 to 75 days, 76 to 90 days, 91 to 105 days, 106 to 120 days, and more than 120 days; and "(ii) the number of days which elapsed before action on the applications was completed, or which has elapsed without action on the applications being completed, beyond the period permitted under subsection (c), (fKl), or (h) of this section for the processing of applications, as follows: not more than 15 days, 16 to 30 days, 31 to 45 days, 46 to 60 days, and more than 60 days; and "(B) a summary by country of destination of the number of applications described in paragraph (1)(A) and (B) of this subsection, and the value of the goods or technology involved in the applications, on which action was not completed within 60 days, "(o) EXPORTS TO MEMBERS OF COORDINATING COMMITTEE.—(1) Fifteen working days after the date of formal filing with the Secretary of an individual validated license application for the export of goods or technology to a country that maintains export controls on such goods or technology pursuant to the agreement of the governments participating in the group known as the Coordinating Committee, a license for the transaction specified in the application shall become valid and effective and the goods or technology are authorized for export pursuant to such license unless— ' (A) the application has been otherwise approved by the Secretary, in which case it shall be valid and effective according to the terms of the approval;

99 STAT. 145

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 99 STAT. 146

PUBLIC LAW 99-64—JULY 12, 1985 "(B) the application has been denied by the Secretary pursuant to this section and the applicant has been so informed, or the applicant has been informed, pursuant to subsection (fK3) of this section, that the application should be denied; or "(C) the Secretary requires additional time to consider the application and the applicant has been so informed. "(2) In the event that the Secretary notifies an applicant pursuant to paragraph (1)(C) that more time is required to consider an individual validated license application, a license for the transaction specified in the application shall become valid and effective and the goods or technology are authorized for export pursuant to such license 30 working days after the date that such license application was formally filed with the Secretary unless— "(A) the application has been otherwise approved by the Secretary, in which case it shall be valid and effective according to the terms of the approval; or "(B) the application has been denied by the Secretary pursuant to this section and the applicant has been so informed, or the applicant has been informed, pursuant to subsection (fK3) of this section, that the application should be denied. "(3) In reviewing an individual license application subject to this subsection, the Secretary shall evaluate the information set forth in the application and the reliability of the end-user. "(4) Nothing in this subsection shall affect the scope or availability of licenses authorizing multiple exports set forth in section 4(a)(2)

Ante, p. 122.

of this Act.

Effective date.

"(5) The provisions of this subsection shall take effect 4 months after the date of the enactment of the Export Administration Amendments Act of 1985.". SEC. 112. VIOLATIONS.

(a) IN GENERAL.—Section 11(a) (50 U.S.C. App. 2410(a)) is amended by inserting after "violates" the following: "or conspires to or attempts to violate". (b) WILLFUL VIOLATIONS.—Section 11(b) is amended—

Ante, pp. 123, 131-

(1) in paragraph (1)— (A) by striking out "exports an5rthing contrary to" and inserting in lieu thereof "violates or conspires to or attempts to violate"; (B) by striking out "such exports" and inserting in lieu thereof "the exports involved"; (C) by inserting after "benefit of the following: ", or that the destination or intended destination of the goods or technology involved is,"; and (D) by striking out "country to which exports are restricted for national security or" and inserting in lieu thereof "controlled country or any country to which exports are controlled for"; (2) in paragraph (2) by striking out the last sentence; and (3) by adding after paragraph (2) the following new paragraphs: "(3) Any person who possesses any goods or technology— "(A) with the intent to export such goods or technology in violation of an export control imposed under section 5 or 6 of this Act or any regulation, order, or license issued with respect to such control, or

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99 STAT. 147

"(B) knowing or having reason to believe that the goods or technology would be so exported, shall, in the case of a violation of an export control imposed under section 5 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in paragraph (1) of this subsection and shall, in the case of a violation of an export control imposed under section 6 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in subsection (a). "(4) Any person who takes any action with the intent to evade the provisions of this Act or any regulation, order, or license issued under this Act shall be subject to the penalties set forth in subsection (a), except that in the case of an evasion of an export control imposed under section 5 or 6 of this Act (or any regulation, order,, or license issued with respect to such control), such person shall be subject to the penalties set forth in paragraph (1) of this subsection. "(5) Nothing in this subsection or subsection (a) shall limit the power of the Secretary to define by regulations violations under this Act.". (c) CIVIL PENALTIES; ADMINISTRATIVE SANCTIONS.—Section 11(c) is

Ante, p. 123. Ante, p. 131. Penalties.

50 USC app.

amended— 2410. (1) by striking out "head" and all that follows in paragraph (1) through "thereof," and inserting in lieu thereof "Secretary (and officers and employees of the Department of Commerce specifically designated by the Secretary)"; and (2) by adding at the end the following new paragraphs: "(3) An exception may not be made to any order issued under this Act which revokes the authority of a United States person to exFK)rt goods or technology unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate are first consulted concerning the exception. "(4) The President may by regulation provide standards for establishing levels of civil penalty provided in this subsection based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation.". (d) REFUNDS OF PENALTIES.—Section 11(e) is amended—

(1) by inserting after "subsection (c)" the following: ", or any amounts realized from the forfeiture of any property interest or proceeds pursuant to subsection (g),"; and (2) by inserting after "refund any such penalty" the following: "imposed pursuant to subsection (c)". (e) FORFEITURES; PRIOR CONVICTIONS.—Section 11 is amended—

(1) by redesignating subsection (g) as subsection (i); and (2) by inserting after subsection (f) the following new subsections: "(g) FORFEITURE OF PROPERTY INTEREST AND PROCEEDS.—(1) Any

person who is convicted under subsection (a) or (b) of a violation of an export control imposed under section 5 of this Act (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United Stattjs— "(A) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation; "(B) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible prop-

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 99 STAT. 148

PUBLIC LAW 99-64—JULY 12, 1985 erty that was used in the export or attempt to export that was the subject of the violation; and "(C) any of that person's property constituting, or derived from, any proceeds obtained directly or indirectly as a result of the violation. "(2) The procedures in any forfeiture under this subsection, and the duties and authority of the courts of the United States and the Attorney General with respect to any forfeiture action under this subsection or with respect to any property that may be subject to forfeiture under this subsection, shall be governed by the provisions of section 1963 of title 18, United States Code. "(h) PRIOR CONVICTIONS.—No person convicted of a violation of

Ante, p. 147.

section 793, 794, or 798 of title 18, United States Code, section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778) shall be eligible, at the discretion of the Secretary, to apply for or use any export license under this Act for a period of up to 10 years from the date of the conviction. The Secretary may revoke any export license under this Act in which such person has an interest at the time of the conviction.". (f) TECHNICAL AMENDMENT.—Section 11(1), as redesignated by subsection (e) of this section, is amended by striking out "or (f)" and inserting in lieu thereof "(f), (g), or (h)". SEC. 113. ENFORCEMENT.

50 USC app. 2407.

(a) GENERAL AUTHORITY.—Section 12(a) (50 U.S.C. App. 2411(a)) is amended— (1) by inserting "(1)" immediately before the first sentence; (2) by striking out "such investigations and" and inserting in lieu thereof "such investigations within the United States, and the Commissioner of Customs (and officers or employees of the United States Customs Service specifically designated by the Commissioner) may make such investigations outside of the United States, and the head of such department or agency (and such officers or employees) may"; (3) by striking out "the district court of the United States for any district in which such person is found or resides or transacts business, upon application, and" and inserting in lieu thereof "a district court of the United States,"; (4) by adding at the end the following new sentence: "In addition to the authority conferred by this paragraph, the Secretary (and officers or employees of the Department of Commerce designated by the Secretary) may conduct, outside the United States, pre-license investigations and post-shipment verifications of items licensed for export, and investigations in the enforcement of section 8 of this Act."; and (5) by adding at the end the following new paragraphs: "(2)(A) Subject to subparagraph (B) of this paragraph, the United States Customs Service is authorized, in the enforcement of this Act, to search, detain (after search), and seize goods or technology at those ports of entry or exit from the United States where officers of the Customs Service are authorized by law to conduct such searches, detentions, and seizures, and at those places outside the United States where the Customs Service, pursuant to agreements or other arrangements with other countries, is authorized to perform enforcement activities.

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 PUBLIC LAW 99-64—JULY 12, 1985 "(B) An officer of the United States Customs Service may do the following in carrying out enforcement authority under this Act: "(i) Stop, search, and examine a vehicle, vessel, aircraft, or person on which or whom such officer has reasonable cause to suspect there are any goods or technology that has been, is being, or is about to be exported from the United States in violation of this Act. "(ii) Search any package or container in which such officer has reasonable cause to suspect there are any goods or technology that has been, is being, or is about to be exported from the United States in violation of this Act. "(iii) Detain (after search) or seize and secure for trial any goods or technology on or about such vehicle, vessel, aircraft, or person, or in such package or container, if such officer has probable cause to believe the goods or technology has been, is being, or is about to be exported from the United States in violation of this Act. "(iv) Make arrests without warrant for any violation of this Act committed in his or her presence or view or if the officer has probable cause to believe that the person to be arrested has committed or is committing such a violation. The arrest authority conferred by clause (iv) of this subparagraph is in addition to any arrest authority under other laws. "(3)(A) Subject to subparagraph (B) of this paragraph, the I3ecretary shall have the responsibility for the enforcement of section 8 of this Act and, in the enforcement of the other provisions of this Act, the Secretary is authorized to search, detain (after search), and seize goods or technology at those places within the United Spates other than those ports specified in paragraph (2)(A) of this subsection. The search, detention (after search), or seizure of goods or technology at those ports and places specified in paragraph (2)(A) may be conducted by officers or employees of the Department of Commerce designated by the Secretary with the concurrence of the Commissioner of Customs or a person designated by the Commissioner. "(B) The Secretary may designate any employee of the Office of Export Enforcement of the Department of Commerce to do the following in carrying out enforcement authority under this Act: "(i) Execute any warrant or other process issued by a court or officer of competent jurisdiction with respect to the enforcement of the provisions of this Act. "(ii) Make arrests without warrant for any violation of this Act committed in his or her presence or view, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing such a violation. "(iii) Carry firearms in carrying out any activity described in clause (i) or (ii). "(4) The authorities first conferred by the Export Administration Amendments Act of 1985 under paragraph (3) shall be exercised pursuant to guidelines approved by the Attorney General. Such guidelines shall be issued not later than 120 days after the date of the enactment of the Export Administration Amendments Act of 1985. "(5) All cases involving violations of this Act shall be referred to the Secretary for purposes of determining civil penalties and administrative sanctions under section 11(c) of this Act, or to the Attorney General for criminal action in accordance with this Act.

99 STAT. 149

50 USC app. 2407.

Ante, p. 147.

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 99 STAT. 150

Federal Register, publication.

50 USC app. 2411

PUBLIC LAW 99-64—JULY 12, 1985 "(6) Notwithstanding any other provision of law, the United States Customs Service may expend in the enforcement of export controls under this Act not more than $12,000,000 in the fiscal year 1985 and not more than $14,000,000 in the fiscal year 1986. "(7) Not later than 90 days after the date of the enactment of the Export Administration Amendments Act of 1985, the Secretary, ^ |. j j Yie concurrence of the Secretary of the Treasury, shall publish in the Federal Register procedures setting forth, in accordance with this subsection, the responsibilities of the Department of Commerce and the United States Customs Service in the enforcement of this Act. In addition, the Secretary, with the concurrence of the Secretary of the Treasury, may publish procedures for the sharing of information in accordance with subsection (c)(3) of this section, and procedures for the submission to the appropriate departments and agencies by private persons of information relating to the enforcement of this Act, "(8) For purposes of this section, a reference to the enforcement of this Act or to a violation of this Act includes a reference to the enforcement or a violation of any regulation, order, or license issued under this Act.". (b) CONFIDENTIALITY.—Section 12(c)(3) is amended— (1) by striking o u t " Department s or agencies which o b t a i n " and inserting i n lieu thereof " Any d e part m e n t or agency which obtains";

(2) by inserting ", including information pertaining to any investigation," after "enforcement of this Act, (3) by striking out "the department" and inserting in lieu thereof "each department"; and (4) by adding at the end the following: "The Secretary and the Commissioner of Customs, upon request, shall exchange any licensing and enforcement information with each other which is necessary to facilitate enforcement efforts and effective license decisions. The Secretary, the Attorney General, and the Commissioner of Customs shall consult on a continuing basis with one another and with the heads of other departments and agencies which obtain information subject to this paragraph, in order to facilitate the exchange of such information.". SEC. 114. ADMINISTRATIVE PROCEDURE.

Section 13 (50 U.S.C. App. 2412) is amended— (1) in the section heading by striking out "EXEMPTION FROM CERTAIN PROVISIONS RELATING TO";

(2) in subsection (a) by inserting "and subsection (c) of this section" after "ll(c)(2)"; and (3) by adding at the end the following: "(c) PROCEDURES RELATING TO CIVIL PENALTIES AND SANCTIONS.—

(1) In any case in which a civil penedty or other civil sanction (other than a temporary denial order or a penalty or sanction for a 50 USC app. violation of section 8) is sought under section 11 of this Act, the 2407; ante, p. 146. charged party is entitled to receive a formal complaint specifying the charges and, at his or her request, to contest the charges in a hearing before an administrative law judge. Subject to the provisions of this subsection, any such hearing shall be conducted in accordance with sections 556 and 557 of title 5, United States (Dode. With the approval of the administrative law judge, the Government may present evidence in camera in the presence of the charged party or his or her representative. After the hearing, the adminis-

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trative law judge shall make findings of fact and conclusions of law in a written decision, which shall be referred to the Secretary. The Secretary shall, in a written order, affirm, modify, or vacate the decision of the administrative law judge within 30 days after receiving the decision. The order of the Secretary shall be final and is not subject to judicial review. "(2) The proceedings described in paragraph (1) shall be concluded within a period of 1 year after the compMnt is submitted, unless the administrative law judge extends such period for good cause shown. "(3) An administrative law judge referred to in this subsection shall be appointed by the Secretary from among those considered qualified for selection and appointment under section 3105 of title 5, United States Code. Any person who, for at least 2 of the 10 years immediately preceding the date of the enactment of the Export Administration Amendments Act of 1985, has served as a hearing commissioner of the Department of Commerce shall be included among those considered as qualified for selection and appointment to such position. "(d) IMPOSITION OF TEMPORARY DENIAL ORDERS.—(1) In any case in which it is necessary, in the public interest, to prevent an imminent violation of this Act or any regulation, order, or license issued under this Act, the Secretary may, without a hearing, issue an order temporarily denying United States export privileges (hereinafter in this subsection referred to as a 'temporary denial order') to a person. A temporary denial order may be effective no longer than 60 days unless renewed in writing by the Secretary for additional 60-day periods in order to prevent such an imminent violation, except that a temporary denial order may be renewed only after notice and an opportunity for a hearing is provided. "(2) A temporary denial order shall define the imminent violation and state why the temporary denial order was granted without a hearing. The person or persons subject to the issuance or renewial of a temporary denial order may file an appeal of the issuance or renewal of the temporary denial order with an administrative law judge who shall, within 10 working days after the appeal is filed, recommend that the temporary denial order be affirmed, modified, or vacated. Parties may submit briefs and other material to the judge. The recommendation of the administrative law judge shall be submitted to the Secretary who shall either accept, reject, or modify the recommendation by written order within 5 working days after receiving the recommendation. The written order of the Secretary under the preceding sentence shall be final and is not subject to judicial review. The temporary denial order shall be affirmed only if it is reasonable to believe that the order is required in the public interest to prevent an imminent violation of this Act or any regfulation, order, or license issued under this Act. "(e) APPEALS FROM LICENSE DENIALS.—A determination of the Secretary, under section 10(f) of this Act, to deny a license may be Ante, p. 143. appealed by the applicant to an administrative law judge who shall have the authority to conduct proceedings to determine only whether the item sought to be exported is in fact on the control list. Such proceedings shall be conducted within 90 days after the appeal is filed. Any determination by an administrative law judge under this subsection and all materials filed before such judge in the proceedings shall be reviewed by the Secretary, who shall either affirm or vacate the determination in a written decision within 30 days after receiving the determination. The Secretary's written

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 99 STAT. 152 Ante, p. 150.

PUBLIC LAW 99-64—JULY 12, 1985 decision shall be final and is not subject to judicial review. Subject to the limitations provided in section 12(c) of this Act, the Secretary's decision shall be published in the Federal Register.". SEC. 115. ANNUAL REPORT. (a) CONTENTS OF REPORT.—Section 14(a)(15) (50 U.S.C. App. 2413(a)(15)) is amended by striking out "an analysis" and all that follows through "process, and". (b) ADDITIONAL REPORTING REQUIREMENTS.—Section 14 is amended by adding at the end the following: "(d) REPORT ON EXPORTS TO CONTROLLED COUNTRIES.—The Secretary shall include in each annual report a detailed report which lists every license for exports to controlled countries which was approved under this Act during the preceding fiscal year. Such report shall specify to whom the license was granted, the type of goods or technology exported, and the country receiving the goods or technology. The information required by this subsection shall be subject to the provisions of section 12(c) of this Act. "(e) REPORT ON DOMESTIC ECONOMIC IMPACT OF EXPORTS TO CONTROLLED COUNTRIES.—The Secretary shall include in each annual

report a detailed description of the extent of injury to United States industry and the extent of job displacement caused by United States exports of goods and technology to controlled countries. The annual report shall also include a full analysis of the consequences of exports of turnkey plants and manufacturing facilities to controlled countries which are used by such countries to produce goods for export to the United States or to compete with United States products in export markets.". SEC. 116. UNDER SECRETARY OF COMMERCE FOR EXPORT ADMINISTRATION; REGULATIONS.

(a) IN GENERAL.—Section 15 (50 U.S.C. App. 2414) is amended to read as follows: "ADMINISTRATIVE AND REGULATORY AUTHORITY

President of U.S.

"SEC. 15. (a) UNDER SECRETARY OF COMMERCE.—The President shall appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Export Administration who shall carry out all functions of the Secretary under this Act which were delegated to the office of the Assistant Secretary of Commerce for Trade Administration before the date of the enactment of the Export Administration Amendments Act of 1985, and such other functions under this Act which were delegated to such office before such date of enactment, as the Secretary may delegate. The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary in carrying out such functions. "(b) ISSUANCE OF REGULATIONS.—The President and the Secretary

may issue such regulations as are necessary to carry out the provisions of this Act. Any such regulations issued to carry out the Ante, pp. 123, provisions of section 5(a), 6(a), 7(a), or 8(b) may apply to the financial; 50 USC app. ing, transporting, or other servicing of exports and the participation 2406, 2407. therein by any person. Any such regulations the purpose of which is Ante, p. 122. to Carry out the provisions of section 5, or of section 4(a) for the purpose of administering the provisions of section 5, may be issued only after the regulations are submitted for review to the Secretary

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99 STAT. 153

of Defense, the Secretary of State, and such other departments and agencies as the Secretary considers appropriate. The preceding sentence does not require the concurrence or approval of any official, department, or agency to which such regulations are submitted. "(c) AMENDMENTS TO REGULATIONS.—If the Secretary proposejs to

Report.

amend regulations issued under this Act, the Secretary shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives on the intent and rationale of such amendments. Such report shall evaluate the cost and burden to United States exporters of the proposed amendments in relation to any enhancement of licensing objectives. The Secretary shall consult with the technical advisory committees authorized under section 5(h) of this Act in formulating or amending regulations issued under this Act. Ante, p. 130. The procedures defined by regulations in effect on January 1, 1984, with respect to sections 4 and 5 of this Act, shall remain in effect 50 USC app. unless the Secretary determines, on the basis of substantial and 2403. reliable evidence, that specific change is necessary to enhance the prevention of diversions of exports which would prove detrimental to the national security of the United States or to reduce the licensing and paperwork burden on exporters and their distributors.". (b) PAY FOR THE UNDER SECRETARY.—Section 5314 of title 5, United

States Code, is amended by inserting "Under Secretary of Commerce for Export Administration," after "Under Secretary of Commerce for Economic Affairs,". (c) PAY FOR THE ASSISTANT SECRETARIES.—Section 5315 of such title 5 USC 5315. is amended by striking out "Assistant Secretaries of Commerce (8)." and inserting in lieu thereof "Assistant Secretaries of Commerce (11).". (d) EFFECTIVE DATE.—The provisions of section 15(a) of the Export 5 USC 5314 note. Administration Act of 1979, as amended by subsection (a) of this section, and the amendments made by subsections (b) and (c) of this section shall take effect on October 1, 1986. (e) BUDGET ACT.—Any new spending authority (within the mean- 50 USC app. 2414 ing of section 401 of the Congressional Budget Act of 1974) which is note.^ provided under this section shall be effective for any fiscal year only 2 USC 651. to the extent or in such amounts as are provided in appropriation Acts. SEC. 117. DEFINITIONS.

Section 16 (50 U.S.C. App. 2415) is amended— (1) in paragraph (3), by inserting "natural or manmade substance," after "article,"; (2) by amending paragraph (4) to read as follows: "(4) the term 'technology' means the information and knowhow (whether in tangible form, such as models, protot3^pes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data, but not the goods themselves;"; (3) by redesignating paragraph (5) as paragraph (8); and (4) by inserting after paragraph (4) the following new paragraphs: "(5) the term 'export' means—

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 99 STAT. 154

Ante, p. 123.

PUBLIC LAW 99-64—JULY 12, 1985 "(A) an actual shipment, transfer, or transmission of goods or technology out of the United States; "(B) a transfer of goods or technology in the United States to an embassy or affiliate of a controlled country; or "(C) a transfer to any person of goods or technology either within the United States or outside of the United States with the knowledge or intent that the goods or technology will be shipped, transferred, or transmitted to an unauthorized recipient; "(6) the term 'controlled country' means a controlled country under section 5(b)(l) of this Act; "(7) the term 'United States' means the States of the United States, the District of Columbia, and any commonwealth, territory, dependency, or possession of the United States, and includes the outer Continental Shelf, as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and". SEC. 118. EFFECT ON OTHER ACTS. (a) TECHNICAL AMENDMENTS.—

(1) Section 17(a) (50 U.S.C. App. 2416(a)) is amended by striking out "Nothing" and inserting in lieu thereof "Except as otherwise provided in this Act, nothing". (2) Section 17(c) is amended by striking out the last sentence. (b) ACT NOT TO AFFECT CERTAIN PROVISIONS OF AGRICULTURAL ACT

OF 1970.—Section 17 is amended by adding at the end the following: "(1) AGRICULTURAL ACT OF 1970.—Nothing in this Act shall affect the provisions of the last sentence of section 812 of the Agricultural Act of 1970 (7 U.S.C. 612c-3).". SEC. 119. AUTHORIZATION OF APPROPRIATIONS.

Section 18 (50 U.S.C. App. 2417) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 18. (a) REQUIREMENT OF AUTHORIZING LEGISLATION.—(1) Notwithstanding any other provision of law, money appropriated to the Department of Commerce for expenses to carry out the purposes of this Act may be obligated or expended only if— "(A) the appropriation thereof has been previously authorized by law enacted on or after the date of the enactment of the Export Administration Amendments Act of 1985; or "(B) the amount of all such obligations and expenditures does not exceed an amount previously prescribed by law enacted on or after such date. "(2) To the extent that legislation enacted after the making of an appropriation to carry out the purposes of this Act authorizes the obligation or expenditure thereof, the limitation contained in paragraph (1) shall have no effect. "(3) The provisions of this subsection shall not be superseded except by a provision of law enacted after the date of the enactment of the Export Administration Amendments Act of 1985 which specifically repeals, modifies, or supersedes the provisions of this subsection. "(b) AUTHORIZATION.—There are authorized to be appropriated to the Department of Commerce to carry out the purposes of this Act— ^(1) $24,600,000 for the fiscal year 1985, of which $8,712,000 shall be available only for enforcement, $1,851,000 shall be

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 PUBLIC LAW 99-64—JULY 12, 1985 available only for foreign availability assessments under subsections (f) and (h)(6) of section 5 of this Act, and $14,037,000 shall be available for all other activities under this Act; "(2) $29,382,000 for the fiscal year 1986, of which $9,243,000 shall be available only for enforcement, $2,000,000 shall be available only for foreign availability assessments under subsections (f) and (h)(6) of section 5 of this Act, and $18,139,000 shall be available for all other activities under this Act; and "(3) such additional amounts for each of the fiscal years 1985 and 1986 as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs.".

99 STAT. 155 Ante, pp. 129, i^l

SEC. 120. TERMINATION OF AUTHORITY.

Section 20 (50 U.S.C. App. 2419) is amended to read as foUovtrs: "TERMINATION DATE

"SEC. 20. The authority granted by this Act terminates on September 30, 1989.". SEC. 121. IMPORT SANCTIONS.

Chapter 4 of title II of the Trade Expansion Act of 1962 (19 U.S.C. 1861 et seq.) is amended by adding at the end the following new section: "SEC. 233. IMPORT SANCTIONS FOR EXPORT VIOLATIONS.

"(a) Any person who violates any national security export control imposed under section 5 of the Export Administration Act of 1979 (50 U.S.C. App. 2404), or any regulation, order, or license issued under that section, may be subject to such controls on the importing of goods or technology into the United States as the President may prescribe, "(b) Except as provided in subsection (a) of this section, any perscm who violates any regulation issued under a multilateral agreement, formal or informal, to control exports for national security purposes, to which the United States is a party, may be subject to such controls on the importing of goods or technology into the Unit<k[ States as the President may prescribe, but only if— "(1) negotiations with the government or governments, party to the multilateral agreement, with jurisdiction over the violation have been conducted and been unsuccessful in restoring compliance with the regulation involved; "(2) the President, after the failure of such negotiations, hj-ig notified the government or governments described in paragraph (1) and the other parties to the multilateral agreement that the United States proposes to subject the person committing the violation to specific controls on the importing of goods or technology into the United States upon the expiration of 60 days from the date of such notification; and "(3) a majority of the parties to the multilateral agreement (other than the United States), before the end of that 60-day period, have expressed to the President concurrence in the proposed import controls or have abstained from stating a position with respect to the proposed controls.".

19 USC 1864.

Ante, p. 123.

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 99 STAT. 156

PUBLIC LAW 99-64—JULY 12, 1985 SEC. 122. HOURS OF OFFICE OF EXPORT ADMINISTRATION.

The Secretary of Commerce shall modify the office hours of the Office of Export Administration of the Department of Commerce on at least four days of each workweek so as to accommodate communications to the Office by exporters throughout the continental United States during the normal business hours of those exporters. SEC. 123. TECHNICAL AMENDMENTS. (a) ARMS EXPORT CONTROL ACT.—Section 38(e) of the Arms Export

Control Act (22 U.S.C. 2778(e)) is amended by striking out "(f)" and inserting in lieu thereof "(g)". (b) MINERAL LEASING ACT OF 1920.—Subsection (u) of section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185) is amended— (1) by striking out "1969 (Act of December 30, 1969; 83 Stat. 841)" and inserting in lieu thereof "1979 (50 U.S.C. App. 2401 and following)"; and (2) by striking out "1969" each subsequent place it appears and inserting in lieu thereof "1979". SEC. 124. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.

Section 502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2)) is amended by inserting after "Senate" the first place it appears the following: "and the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate (when licenses are to be issued pursuant to the Export Administration Act of 1979).". 46 USC 3901, 3902. 46 USC app. 466c

SEC. 125. EXPORT OF HORSES. The Act of March 3, 1891 (46 U.S.C. 466a and 466b), is amended by adding at the end the following: "SEC. 3. EXPORT OF HORSES. "(a) RESTRICTION ON EXPORT OF HORSES.—Notwithstanding any

other provision of law, no horse may be exported by sea from the United States, or any of its territories or possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under subsection (b). "(b) GRANTING OF WAIVERS.—The Secretary of Commerce, in consultation with the Secretary of Agriculture, may issue regulations providing for the granting of waivers permitting the export by sea of a specified consignment of horses, if the Secretary of Commerce, in consultation with the Secretary of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter. "(c) PENALTIES.— "(1) CRIMINAL PENALTY.—Any person who knowingly violates

this section or any regulation, order, or license issued under this section shall be fined not more than 5 times the value of the consignment of horses involved or $50,000, whichever is greater, or imprisoned not more than 5 years, or both. "(2) CIVIL PENALTY.—The Secretary of Commerce,

after

providing notice and an opportunity for an agency hearing on the record, may impose a civil pensJty of not to exceed $10,000 for each violation of this section or any regulation, order, or license issued under this section, either in addition to or in lieu of any other liability or penalty which may be imposed.".

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SEC. 126. ALASKAN OIL STUDY. (a) REVIEW OF ALASKAN OIL POLICY.—

(1) IN GENERAL.—The President shall undertake a comprehensive review of the issues and related data concerning possible changes in the existing incentives to produce crude oil from the North Slope of Alaska (including changes in Federal and State taxation, pipeline tariffs, and Federal leasing policies) and pssible changes in the existing distribution of crude oil from the North Slope of Alaska (including changes in export restrictions which would permit exports at free market levels and at levels of 50,000 barrels per day, 100,000 barrels per day, 200,000 barrels per day, and 500,000 barrels per day), as well as the appropriateness of continuing existing controls. Such review shall include, but not be limited to, a study of— (A) the effect of such changes on the energy and national security of the United States and its allies; (B) the role of such changes in United States foreij^n policymaking, including international energy policymaking; (C) the impact of such changes on employment levels in Employment the maritime industry, the oil industry, and other indus- and unemployment. tries; (D) the impact of such changes on the refiners and on consumers; (E) the impact of such changes on the revenues and expenditures of the Federal Government and the government of Alaska; (F) the effect of such changes on incentives for oil and gas exploration and development in the United States; and (G) the effect of such changes on the overall trade deficit Commerce and of the United States, and the trade deficit of the United trade. States with respect to particular countries, including the effect of such changes on trade barriers of other countries. (2) FINDINGS, OPTIONS, AND RECOMMENDATIONS.—The Presi- President of U.S. dent shall develop, after consulting with appropriate State and Federal officials and other persons, findings, options, and rejcommendations regarding the production and distribution of crude oil from the North Slope of Alaska. (b) CONSULTATION AND REPORT.—In carrying out subsection (a), the President of U.S. President shall consult with the Committees on Foreign Affairs and Report. Energy and Commerce of the House of Representatives and the appropriate committees of the Senate. Not later than 9 months after the date of the enactment of this Act, the President shall transmit to each of those committees a report which contains the results of the review under subsection (a)(l), and the findings, options, and rcjcommendations developed under subsection (a)(2). TITLE II—EXPORT PROMOTION PROGRAMS SEC. 201. REQUIREMENT OF PRIOR AUTHORIZATION. (a) GENERAL RULE.—Notwithstanding any other provision of law,

money appropriated to the Department of Commerce for expenses to carry out any export promotion program may be obligated or expended only if—

15 USC 4051.

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 99 STAT. 158

PUBLIC LAW 99-64—JULY 12, 1985 (1) the appropriation thereof has been previously authorized by law enacted on or after the date of the enactment of this Act; or (2) the amount of all such obligations and expenditures does not exceed an amount previously prescribed by law enacted on or after such date. (b) EXCEPTION FOR LATER LEGISLATION AUTHORIZING OBLIGATIONS

OR EXPENDITURES.—To the extent that legislation enacted after the making of an appropriation to carry out any export promotion program authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall have no effect. (c) PROVISIONS MUST BE SPECIFICALLY SUPERSEDED.—The provi-

Business and industry.

Commerce and trade.

15 USC 4052.

sions of this section shall not be superseded except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section. (d) EXPORT PROMOTION PROGRAM DEFINED.—For purposes of this title, the term "export promotion program" means any activity of the Department of Commerce designed to stimulate or assist United States businesses in marketing their goods and services abroad competitively with businesses from other countries, including, but not limited to— (1) trade development (except for the trade adjustment assistance program) and dissemination of foreign marketing opportunities and other marketing information to United States producers of goods and services, including the expansion of foreign markets for United States textiles and apparel and any other United States products; (2) the development of regional and multilateral economic policies which enhance United States trade and investment interests, and the provision of marketing services with respect to foreign countries and regions; (3) the exhibition of United States goods in other countries; and (4) the operations of the United States and Foreign Commercial Service, or any successor agency. SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $113,273,000 for each of the fiscal years 1985 and 1986 to the Department of Commerce to carry out export promotion programs. 15 USC 4053.

SEC. 203. BARTER ARRANGEMENTS.

(a) REPORT ON STATUS OF FEDERAL BARTER PROGRAMS.—The Secretary of Agriculture and the Secretary of Energy shall, not later than 90 days after the date of the enactment of this Act, submit to the Congress a report on the status of Federal programs relating to the barter or exchange of commodities owned by the Commodity Credit Corporation for materials and products produced in foreign countries. Such report shall include details of any changes necessary in existing law to allow the Department of Agriculture and, in the case of petroleum resources, the Department of Energy, to implement fully any barter program. (b) AUTHORITIES OF THE PRESIDENT.—The President is authorized—

(1) to barter stocks of agricultural commodities acquired by the Government for petroleum and petroleum products, and for other materials vital to the national interest, which are pro-

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99 STAT. 159

duced abroad, in situations in which sales would otherwise not occur; and (2) to purchase petroleum and petroleum products, and other materials vital to the national interest, which are produced abroad and acquired by persons in the United States through barter for agricultural commodities produced in and exported from the United States through normal commercial trade channels. (c) OTHER PROVISIONS OF LAW NOT AFFECTED.—In the case of any petroleum, petroleum products, or other materials vital to the national interest, which are acquired under subsection (b), nothing in this section shall be construed to render inapplicable the provisions of any law then in effect which apply to the storage, distribution, or use of such petroleum, petroleum products, or other materials vital to the national interest. (d) CONVENTIONAL MARKETS NOT TO B E DISPLACED BY BARTERS.—

The President shall take steps to ensure that, in making any barter described in subsection (a) or (b)(l) or any purchase authorized by subsection Ok)X2), existing export markets for agricultural commodities operating on conventional business terms are safeguarded from displacement by the barter described in subsection (a), (b)(l), or (b)(2), as the case may be. In addition, the President shall ensure that any such barter is consistent with the international obligations of the United States, including the Gteneral Agreement on Tariffs and Trade. (e) REPORT TO THE CONGRESS.—The Secretary of Energy shall report to the Congress on the effect on energy security and on domestic energy supplies of any action taken under this section which results in the acquisition by the Government of petroleum or petroleum products. Such report shall be submitted to the Congreiss not later than 90 days after such acquisition.

President of U.S.

61 Stat. A3.

TITLE III—NUCLEAR AGREEMENTS FOR COOPERATION SEC. 30L AGREEMENTS FOR COOPERATION. (a) NOTIFICATION OF AND CONSULTATION WITH THE CONGRESS;

HEARINGS.—Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended— (1) in subsection a. by inserting after "Assessment Statement" the following: "(A) which shall analyze the consistency of the text of the proposed agreement for cooperation with all the requirements of this Act, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this subsection, and (B)"; (2) in subsection b. by inserting before "the President" the following: "the President has submitted text of the proposed agreement for cooperation, together with the accompanying unclassified Nuclear Proliferation Assessment Statement, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the President has consulted with such Committees for a period of not less than thirty days of continuous session (as defined in section 130 g. of this Act) concerning the consistency of the terms of the proposed agreement with all the requirements of this Act, and"; and

Post, p. 160.

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 99 STAT. 160

PUBLIC LAW 99-64—JULY 12, 1985 (3) in subsection d. by inserting before the sentence which begins "Any such proposed agreement" the following: "During the sixty-day period the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall each hold hearings on the proposed agreement for cooperation and submit a report to their respective bodies recommending whether it should be approved or disapproved.". (b) CONGRESSIONAL REVIEW OF AGREEMENTS.—Subsection d.

of

section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) is amended— (1) by striking out "adopts a concurrent resolution" and inserting in lieu thereof "adopts, and there is enacted, a joint resolution"; (2) by striking out the period at the end of the first proviso and inserting in lieu thereof ": Provided further. That an agreement for cooperation exempted by the President pursuant to subsection a. from any requirement contained in that subsection shall not become effective unless the Congress adopts, and there is enacted, a joint resolution stating that the Congress does favor such agreement."; and (3) by striking out "130 of this Act for the consideration of Presidential submissions" and inserting in lieu thereof "130 i. of this Act". (c) PROCEDURES FOR CONSIDERATION OF AGREEMENTS.— (1) TECHNICAL CHANGES.—Section 130 a. of the Atomic

Energy Act of 1954 (42 U.S.C. 2159(a)) is amended— (A) in the first sentence— (i) by striking out "123 d.,"; and (ii) by striking out ", and in addition, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate,"; and (B) in the proviso, by striking out "and* if, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c. of this Act, the other relevant committee of that House has reported such a resolution, such committee shall be deemed discharged from further consideration of that resolution". (2) PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.—

Ante, p. 159.

Section 130 of the Atomic Energy Act of 1954 is amended— (A) by amending subsection g.— (i) by redesignating paragraphs (1) and (2) as clauses (A) and (B); (ii) by striking out "g. For" and inserting in lieu thereof "g. (1) Except as provided in paragraph (2), for"; and (iii) by adding at the end thereof the following new paragraph: "(2) For purposes of this section insofar as it applies to section 123— "(A) continuity of session is broken only by an adjournment of Congress sine die at the end of a Congress; and "(B) the days on which either House is not in session because of an adjournment of more than three days are excluded in the computation of any period of time in which Congress is in continuous session.'; and

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 PUBLIC LAW 99-64—JULY 12, 1985

99 STAT. 161

(B) by adding at the end thereof the following new subsection: "i. (1) For the 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 (does or does not) favor the proposed agreement for cooperation transmitted to the Congress by the President on .', with the date of the transmission of the proposed agreement for cooperation inserted in the blank, and the affirmative or negative phrase within the parenthetical appropriately selected. "(2) On the day on which a proposed agreement for cooperation is submitted to the House of Representatives and the Senate under section 123 d., a joint resolution with respect to such agreement for Ante, p. 160. cooperation shall be introduced (by request) in the House by the chairman of the Committee on Foreign Affairs, for himself and the ranking minority member of the Committee, or by Members of the House designated by the chairman and ranking minority member; and shall be introduced (by request) in the Senate by the m^ority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the mgyority leader and minority leader of the Senate. If either House is not in session on the day on which such an ^ e e m e n t for cooperation is submitted, the joint resolution shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. "(3) All joint resolutions introduced in the House of Representjitives shall be referred to the appropriate committee or committees, and all joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations and in addition, in the casie of a proposed Eigreement for cooperation arranged pursuant to section 91 c, 144 b., or 144 c, the Committee on Armed Services. 42 USC 2121, "(4) If the committee of either House to which a joint resolution 2164. has been referred has not reported it at the end of 45 days after ite introduction, the committee shall be discharged from furtner consideration of the joint resolution or of any other joint resolution introduced with respect to the same matter; except that, in the case of a joint resolution which has been referred to more than one committee, if before the end of that 45-day period one such committee has reported the joint resolution, any other committee to which the joint resolution was referred shall be discharged from further consideration of the joint resolution or of any other joint resolution introduced with respect to the same matter. "(5) A joint resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. For the purpose of expediting the consideration and passage 90 Stat. 765. of joint resolutions reported or discharged pursuant to the provisions of this subsection, it shall be in order for the Committee on Rules of the House of Representatives to present for consideration a resolution of the House of Representatives providing procedures for the immediate consideration of a joint resolution under this subsection which may be similar, if applicable, to the procedures set forth in section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. "(6) In the case of a joint resolution described in paragraph (1), if prior to the passage by one House of a joint resolution of that House, that House receives a joint resolution with respect to the same matter from the other House, then—

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 99 STAT. 162

42 USC 2153 note.

PUBLIC LAW 99-64—JULY 12, 1985 "(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but "(B) the vote on final passage shall be on the joint resolution of the other House.". (d) APPLICABILITY OF AMENDMENTS.—The amendments made by this section shall apply to any agreement for cooperation which is entered into after the date of the enactment of this Act. Approved July 12, 1985.

LEGISLATIVE HISTORY—S. 883 (H.R. 1786): HOUSE REPORT No. 99-180 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 3, considered and passed Senate. Apr. 16, H.R. 1786 considered and passed House; S. 883, amended, passed in lieu. June 27, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 28 (1985): July 12, Presidential statement.

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 PUBLIC LAW 99-65—JULY 12, 1985

99 STAT. 163

Public Law 99-65 99th Congress An Act Relating to certain telephone services for Senators.

July 12, 1985 [S. 1141]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) paragraph (6) of section 506(a) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)) is amended to read as follows: "(6) for telephone service charges officially incurred outside Washington, District of Columbia, which are based on the amount of time the service is used;". (b) Section 1205(a) of the Supplemental Appropriations Act, 1984 (2 U.S.C. 58a) is amended by inserting "and in such Senator's State (except services for which the charge is based on the amount of time the service is used)" after "Columbia,". SEC. 2. The amendments made by this Act shall take effect on the Effective date. first day of the first calendar month which begins more than sixty ^ use 58 note. days after the date of enactment of this Act. Approved July 12, 1985.

LEGISLATIVE HISTORY—S. 1141: SENATE REPORT No. 99-52 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 131 (1985): June 6, considered and passed Senate. June 25, considered and passed House.

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 99 STAT. 164

PUBLIC LAW 99-66—JULY 17, 1985 Public Law 99-66 99th Congress Joint Resolution

July 17, 1985 [H.J. Res. 325]

To designate July 13, 1985, as "Live Aid Day".

Whereas the lives of thirteen million Africans are currently in dire jeopardy and massive financial assistance is needed this year to quell the African famine and to save the lives of such people; Whereas, on July 13, 1985, in both Philadelphia, Pennsylvania, and London, England, performers from all over the world will gather to broadcast the "Live Aid" benefit concert sponsored by the "Live Aid" organization to aid in the relief of this famine; Whereas Live Aid provides a way to continue to meet such goal through unity and cooperation of concerned and caring performers, leaders, private voluntary organizations, corporations, Government agencies, and citizens of the United States in partnership with people from around the world; Whereas the Live Aid broadcast will unite more than one billion people in learning about the hunger problems of the world and how each individual can take action to make a difference in moving from relief for Africans to recovery, and finally to selfreliance; and Whereas the magnitude of human suffering in Africa is so enormous as to demand the most profound and immediate response possible: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That July 13, 1985, is designated as "Live Aid Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate programs and activities. Approved July 17, 1985.

LEGISLATIVE HISTORY—H.J. Res. 325: CONGRESSIONAL RECORD, Vol. 131 (1985): July 11, considered and passed House and Senate.

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 PUBLIC LAW 99-67—JULY 19, 1985

99 STAT. 165

Public Law 99-67 99th Congress Joint Resolution To designate July 20, 1985, as "Space Exploration Day".

Whereas on July 20, 1969, people of the world were brought closer together by the first manned exploration of the moon; Whereas a purpose of the United States space program is the peaceful exploration of space for the benefit of all mankind; Whereas the United States space program has provided scientific and technological benefits affecting many areas of concern to mankind; Whereas the United States space program, through Project Apollo, Viking, and Voyager missions to the planets, the space shuttle, and other space efforts, has provided the Nation with scientific and technological leadership in space; Whereas the National Aeronautics and Space Administration, the United States aerospace industry, and educational institutions throughout the Nation contribute research and development to the United States space program, and to the strength of the economy of the Nation; Whereas the space program reflects technological skill of the highest order and the best in the American character—sacrifice, ingenuity and the unrelenting spirit of adventure; Whereas the spirit that put man on the moon may be applied to all noble pursuits involving peace, brotherhood, courage, unity of the human spirit, and the exploration of new frontiers; and Whereas the human race will continue to explore space for the benefit of future generations: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That July 20, 1985, is designated as "Space Exploration Day" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the day with appropriate programs, ceremonies, and activities. Approved July 19, 1985.

LEGISLATIVE HISTORY—S.J. Res. 154: CONGRESSIONAL RECORD, Vol. 131 (1985): July 16, considered and passed Senate. July 18, considered and passed House.

July 19, 1985 [S.J. Res. 154]

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 99 STAT. 166

PUBLIC LAW 99-68—JULY 19, 1985 Public Law 99-68 99th Congress An Act

July 19, 1985 [H.R. 1373]

To designate the wilderness in the Point Reyes National Seeishore in California as the Phillip Burton Wilderness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PHILLIP BURTON WILDERNESS.

16 USC 1132 "°*^®-

98 Stat. 1619.

Appropriation authorization.

(a) In recognition of Congressman Phillip Burton's dedication to the protection of the Nation's outstanding natural, scenic, and cultural resources and his leadership in establishing units of the National Park System and preserving their integrity against threats to those resources and specifically his tireless efforts which led to the enactment of the California Wilderness Act of 1984, the designated wilderness area of Point Reyes National Seashore, California as established pursuant to law, shall henceforth be known as the "Phillip Burton Wilderness". (b) In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs or other means as will adequately inform the public of the designation of the wilderness and the reasons therefor. (c) REFERENCES.—Nothing in this Act shall affect the management of (or the application of any rule, regulation, or provision of law to) any area within the Point Reyes National Seashore, except that all references to the "Point Reyes Wilderness" or to "the wilderness in the Point Reyes National Seashore" which appear in any rule, regulation, provision of law or other official document shall hereafter be deemed to be references to the Phillip Burton Wilderness Area. (d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved July 19, 1985.

LEGISLATIVE HISTORY—H.R. 1373: HOUSE REPORT No. 99-31 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 99-95 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 2, considered and passed House. July 9, considered and passed Senate.

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 PUBLIC LAW 99-69—JULY 22, 1985

99 STAT. 167

Public Law 99-69 99th Congress An Act To extend the authority to establish and administer flexible and compressed work schedules for Federal Government employees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Federal Employees Flexible and Compressed Work Schedules Act of 1982 (96 Stat. 234; 5 U.S.C. 6101 note) is amended by striking out "three years after the date of the enactment of this Act" and inserting in lieu thereof "September 30, 1985". Approved July 22, 1985.

LEGISLATIVE HISTORY—S. 1455: CONGRESSIONAL RECORD, Vol. 131 (1985): July 17, considered and passed Senate. July 18, considered and passed House.

July 22, 1985 [S. 1455]

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 99 STAT. 168

PUBLIC LAW 99-70—JULY 22, 1985 Public Law 99-70 99th Congress

M-,:. .c Joint Resolution

July 22, 1985 [H.J. Res. 198]

Providing for appointment of Barnabas McHenry as a citizen regent of the Board of Regents of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes of the United States (20 U.S.C. 43), the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, caused by the death of William A.M. Burden of New York on October 10, 1984, is filled by the appointment of Barnabas McHenry of New York. The appointment is for a term of six years and shall take effect on the date on which this joint resolution becomes law. Approved July 22, 1985.

LEGISLATIVE HISTORY—H.J. Res. 198:

•

HOUSE REPORT No. 99-179 (Coram, on House Administration). CONGRESSIONAL RECORD, Vol. 131 (1985): June 25, considered and passed House. July 11, considered and passed Senate.

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 PUBLIC LAW 99-71—JULY 24, 1985

99 STAT. 169

Public Law 99-71 99th Congress Joint Resolution Making an urgent supplemental appropriation for the fiscal year ending September 30, 1985, for the Eiepartment of Agriculture.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not othenvise appropriated, for the fiscal year ending September 30, 1985; namely: DEPARTMENT OF AGRICULTURE COMMODITY CREDIT CORPORATION REIMBURSEMENT FOR NET REALIZED LOSSES

For an additional amount to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a-ll, 713a-12), $1,000,000,000. Approved July 24, 1985.

LEGISLATIVE HISTORY—H.J. Res. 342: CONGRESSIONAL RECORD, Vol. 131 (1985): July 18, considered and passed House. July 19, considered and passed Senate.

July 24, 1985 [H.J. Res. 342]

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 99 STAT. 170

PUBLIC LAW 99-72—JULY 24, 1985 Public Law 99-72 99th Congress

V Joint Resolution

—^^—'[S.J. Res. 40]

To designate the month of October 1985 as "National Down Syndrome Month".

Whereas the past decade has brought a greater and more enHghtened attitude in the care and training of the developmentally disabled; Whereas one such condition which has undergone considerable reevaluation is that of Down syndrome—a problem which, just a short time ago, was often stigmatized as a mentally retarded condition which relegated its victims to lives of passivity in institutions and back rooms; Whereas, through the efforts of concerned physicians, teachers and parent groups such as the National Down Syndrome Congress, programs are being put in place to educate new parents of babies with Down syndrome; to develop special education classes within mainstreamed programs in schools; the provision for vocational training in preparation for competitive employment in the work force and to prepare young adults with Down syndrome for independent living in the community; Whereas the cost of such services designed to help individuals with Down syndrome move into their rightful place in our society is but a tiny fraction of the cost of institutionalization; Whereas along with this improvement in educational opportunities for those with Down syndrome is the advancement in medical science which is adding to a more brightened outlook for individuals born with this chromosomal configuration; and Whereas public awareness and acceptance of the capabilities of children with Down syndrome can greatly facilitate their being mainstreamed in our society: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 1985 is designated "National Down Syndrome Month" and that the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the designated month with appropriate programs, ceremonies and activities. Approved July 24, 1985.

LEGISLATIVE HISTORY—S.J. Res. 40: CONGRESSIONAL RECORD, Vol. 131 (1985): May 15, considered and passed Senate. July 11, considered and passed House.

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 PUBLIC LAW 99-73—JULY 29, 1985

99 STAT. 171

Public Law 99-73 99th Congress An Act To authorize appropriations to the Secretary of Commerce for the programs of the National Bureau of Standards for fiscal year 1986, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "National Bureau of Standards Authorization Act for Fiscal Year 1986".

July 29, 1985 [H.R. 1617] National Bureau of Standards Authorization Act for Fiscal Year 1986.

AUTHORIZATIONS FOR PROGRAM ACTIVITIES

SEC. 2. (a) There are authorized to be appropriated to the Secretary of Commerce (hereinafter referred to as the "Secretary") for fiscal year 1986, to carry out activities performed by the National Bureau of Standards, the sums set forth in the following line items: (1) Measurement Research and Standards, $36,843,000. (2) Materials Science and Engineering, $21,943,000. (3) Engineering Measurements and Standards, $33,555,000. (4) Computer Science and Technologj', $9,657,000. (5) Center for Fire Research, $5,827,000. (6) Technical Competence Fund, $8,481,000. (7) Central Technical Support, $8,179,000. (b) Notwithstanding any other provision of this or any other Act for fiscal year 1986— (1) of the total of the amounts authorized under paragraphs (1), (2), (3), and (6) of subsection (a), $2,000,000 is authorized only for steel technolc^y; (2) of the total amount authorized under paragraph (3) of subsection (a), $3,895,000 is authorized only for the Center for Building Technology, and $50,000 is authorized only for the purpose of assisting the creation and maintenance of data bfises on structural failures; and (3) of the total of the amounts authorized under paragraphs (1), (2), (7), and (8) of subsection (a), $2,575,000 is authorized for transfer to the Working Capital Fund. (c)(1) Funds may be transferred among the line items listecl in subsection (a) so long as the net funds transferred to or from any line item do not exceed 10 percent of the amount authorized for that line item in such subsection. (2) In addition, the Secretary may propose transfers to or from any line item exceeding 10 percent of the amount authorized for that line item in subsection (a); but a full and complete explanation of any such proposed transfer and the reason therefor must be transmitted in writing to the Speaker of the House of Representatives, the President of the Senate, and the appropriate authorizing committees of the House of Representatives and the Senate, and the proposed transfer may be made only when 30 calendar days have passed after the transmission of such written explanation. (3) No transfer described in paragraph (1) or (2) may have the effect of reducing the amount available for any of the particular

51-194 O

7: QL. 3

Parti

Prohibitions.

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 99 STAT. 172

Research and development.

PUBLIC LAW 99-73—JULY 29, 1985 purposes set forth in subsection (b) below the applicable dollar amount specified in that subsection; and none of the funds transferred under either such paragraph may be used for the construction of the Cold Neutron Source Facility. (d) The National Bureau of Standards shall seek reimbursements of not less than $500,000 from other Federal agencies to expand its efforts in support of basic scientific research on the atmospheric, climatic, and environmental consequences of nuclear explosions and nuclear exchanges. AUTHORIZATION FOR EXPENSES OUTSIDE THE UNITED STATES

SEC. 3. In addition to the sums authorized in section 2, there are authorized to be appropriated to the Secretary for fiscal year 1986 such sums as may be necessary for expenses of the National Bureau of Standards incurred outside the United States, to be paid for in foreign currencies that the Secretary of the Treasury determines to be excess to the normal requirements of the United States. AUTHORIZATION FOR SALARY ADJUSTMENTS

SEC. 4. In addition to the sums authorized in the preceding provisions of this Act, there are authorized to be appropriated to the Secretary for fiscal year 1986 such additional sums as may be necessary to restore the salary, pay, retirement, and other employee benefits of the National Bureau of Standards to the levels in effect at the end of fiscal year 1985 and to make any adjustments in the Bureau's salary, pay, retirement, and other employee benefits which may be provided for by law. COST RECOVERY AUTHORITY

15 USC 275c.

Effective date. 15 USC 275c note.

SEC. 5. (a) Section 12(f) of the Act of March 3, 1901 (15 U.S.C. 278b(f)), is amended— (1) by striking out "first"; and (2) by inserting immediately before the period at the end thereof the following: ", and to ensure the availability of working capital necessary to replace equipment and inventories". (b) Fees for calibration services, standard representatives, and other comparable services provided by the National Bureau of Standards shall be at least sufficient to meet the requirements set forth in the amendments made by subsection (a), and any funds recovered in excess of such requirements shall be returned to the Treasury of the United States. (c) The amendments made by subsection (a) (and the provisions of subsection (b)) shall be effective October 1, 1984. COMPENSATION OF DIRECTOR

SEC. 6. (a) Section 5 of the Act of March 3, 1901 (15 U.S.C. 274), is amended— (1) by striking out "He" at the beginning of the second, third, and fourth sentences and inserting in lieu thereof "The Director"; and (2) by adding at the end thereof the following new sentence: "The Director shall be compensated at the rate now or hereafter in effect for Level IV of the Executive Schedule under section 5315 of title 5, United States Code.".

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