(B) petroleum refineries, and natural gas
processing, liquefaction, and gasification plants;
(C) facilities for production of synthetic
natural gas or synthetic crude oil;
(D) oil and gas pipelines, pumping sta-
tions, and associated equipment; and
(E) vessels for transporting oil, gas, coal,
and other fuels.
(c) PETITIONS FOR MONITORING OR CONTROLS OF
METALLIC MATERIALS.—
(1) IN GENERAL.—(A) Any entity, including a
trade association, firm, or certified or recognized
union or group of workers, that is representative of
an industry or a substantial segment of an industry
that processes metallic materials capable of being re-
cycled may transmit a written petition to the Sec-
retary requesting the monitoring of exports or the
imposition of export controls, or both, with respect
to any such material, in order to carry out the policy
set forth in section 103(4).
(B) Each petition shall be in such form as the
Secretary shall prescribe and shall contain informa-
tion in support of the action requested. The petition
shall include any information reasonably available to
the petitioner indicating that each of the criteria set
forth in paragraph (3)(A) is satisfied.
(2) PUBLICATION OF NOTICE.—Within 15 days
after receipt of any petition described in paragraph
(1), the Secretary shall publish a notice in the Fed-
eral Register. The notice shall—
(A) include the name of the material that
is the subject to the petition;
(B) include the schedule B number of the
material as set forth in the Statistical Classi-
fication of Domestic and Foreign Commodities
Exported from the United States;
(C) indicate whether the petition is re-
questing that controls or monitoring, or both,
be imposed with respect to the exportation of
such material; and
(D) provide that interested persons shall
have a period of 30 days beginning on the date
on which the notice is published to submit to
the Secretary written data, views, or argu-
ments, with or without opportunity for oral
presentation, with respect to the matter in-
volved.
At the request of the petitioner or any other entity
described in paragraph (1)(A) with respect to the
material which 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) DETERMINATION OF MONITORING OR CON-
TROLS.—(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 103(4). 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
domestic price of such material or a domestic
shortage of such material relative to demand;
(iii) exports of such material are as impor-
tant as any other cause of a domestic price in-
crease 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 signifi-
cantly adversely affect the national economy or
any sector thereof, including a domestic indus-
try; and
(v) monitoring or controls, or both, are
necessary in order to carry out the policy set
forth in section 103(4).
(B) The Secretary shall publish in the Federal
Register a detailed statement of the reasons for the
Secretary’s determination under subparagraph (A)
of whether to impose monitoring or controls, or
both, including the findings of fact in support of
that determination.
(4) PUBLICATION
OF
REGULATIONS.—Within
15 days after making a determination under para-
graph (3) to impose monitoring or controls on the
export of a material, the Secretary shall publish in
the Federal Register proposed regulations with re-
spect 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) CONSOLIDATION OF PETITIONS.—For pur-
poses of publishing notices in the Federal Register
and scheduling public hearings pursuant to this sub-
section, the Secretary may consolidate petitions, and
responses to such petitions, which involve the same
or related materials.
(6) SUBSEQUENT PETITIONS ON SAME MATE-
RIAL.—If a petition with respect to a particular ma-
terial or group of materials has been considered in
accordance with all the procedures described in this
subsection, the Secretary may determine, in the ab-
sence 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.
(7) 
PRECEDENCE
OF
PROCEDURES
OVER
OTHER REVIEWS.—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 Sec-
retary with respect to the same subject as that of
the petition.
(8) TEMPORARY
CONTROLS.—The Secretary
may impose monitoring or controls, on a temporary
basis, on the export of a metallic material after a pe-
tition is filed under paragraph (1)(A) with respect to
that material but before the Secretary makes a de-
termination under paragraph (3) with respect to
that material only if—
(A) the failure to take such temporary ac-
tions would result in irreparable harm to the
entity filing the petition, or to the national
economy or segment thereof, including a domes-
tic industry, and
(B) the Secretary considers such action to
be necessary to carry out the policy set forth in
section 103(4).
(9) OTHER AUTHORITY NOT AFFECTED.—The
authority under this subsection shall not be con-
strued to affect the authority of the Secretary under
any other provision of this title, except that if the
Secretary determines, on the Secretary’s own initia-
tive, to impose monitoring or controls, or both, on
the export of metallic materials capable of being re-
cycled, under the authority of this section, the Sec-
retary shall publish the reasons for such action in
accordance with paragraph (3)(A) and (B).
(10) SUBMISSION AND CONSIDERATION OF AD-
DITIONAL INFORMATION.—Nothing contained in this
subsection shall be construed to preclude submission
on a confidential basis to the Secretary of informa-
tion relevant to a decision to impose or remove mon-
itoring or controls under the authority of this title,
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.
(d) AGRICULTURAL COMMODITIES.—
(1) APPROVAL OF CONTROLS BY SECRETARY OF
AGRICULTURE.—The authority conferred by this sec-
tion shall not be exercised with respect to any agri-
cultural commodity, including fats and oils, forest
products, or animal hides or skins, without the ap-
proval of the Secretary of Agriculture. The Secretary
of Agriculture shall not approve the exercise of such
authority with respect to any such commodity during
any period for which the supply of such commodity
is determined by the Secretary of Agriculture to be
in excess of the requirements of the domestic econ-
omy, except to the extent the President determines
that the controls on such agricultural commodities
are also imposed under section 106. The Secretary
of Agriculture shall, by exercising the authority
which the Secretary of Agriculture has under other
applicable provisions of law, collect data with respect
to export sales of animal hides and skins.
(2) PROTECTION
OF
STORED
COMMODITIES
FROM FUTURE CONTROLS.—Upon approval of the
Secretary, in consultation with the Secretary of Ag-
riculture, agricultural commodities purchased by or
for use in a foreign country may remain in the Unit-
ed States for export at a later date free from any
quantitative limitations on export which may be im-
posed to carry out the policy set forth in section
103(4) subsequent to such approval. The Secretary
may not grant such approval unless the Secretary
receives adequate assurance and, in conjunction with
the Secretary of Agriculture, finds—
(A) that such commodities will eventually
be exported,
(B) that neither the sale nor export thereof
will result in an excessive drain of scarce mate-
rial and have a serious domestic inflationary
impact,
(C) that storage of such commodities in
the United States will not unduly limit the
space available for storage of domestically
owned commodities, and
(D) that the purpose of such storage is to
establish a reserve of such commodities for later
use, not including resale to or use by another
country.
The Secretary may issue such regulations as may be
necessary to carry out this paragraph.
(3) PROCEDURES FOR IMPOSING CONTROLS.—
(A) If the President imposes export controls on any
agricultural commodity under section 106 or this
section, 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 controls are proposed to be in effect. If the
Congress, within 60 days after the date of the re-
ceipt of the report, enacts a joint resolution pursu-
ant 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 resolu-
tion 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 title 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 curtail-
ment of all exports to that country.
(4) EXPEDITED
PROCEDURES.—(A) For pur-
poses of this paragraph, the term ‘‘joint resolution’’
means only a joint resolution the matter after the
resolving clause of which is as follows: ‘‘That pursu-
ant to section 107(d)(3) of the Export Administra-
tion Act of 1996, the President may impose export
controls as specified in the report submitted to the
Congress on lll.’’, 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
be introduced (by request) in the House by either
the chairman of the Committee on International Re-
lations, for the chairman and the ranking minority
member of the Committee, or by Members of the
House designated by the chairman and ranking mi-
nority member; and shall be introduced (by request)
in the Senate by the majority leader of the Senate,
for the majority leader 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 reso-
lution 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) 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 fur-
ther consideration of the resolution.
(D) A joint resolution under this paragraph
shall be considered in the Senate in accordance with
the provisions of section 601(b)(4) of the Inter-
national Security Assistance and Arms Export Con-
trol Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions re-
ported to the House of Representatives by the Com-
mittee on International Relations under this para-
graph, a motion to proceed to the consideration in
the House of any such joint resolution shall be con-
sidered as highly privileged if offered by the chair-
man of the committee or a designee on or after the
third day the report on the joint resolution has been
available to Members pursuant to clause 2(l)(6) of
rule XI of the Rules of the House of Representa-
tives. The motion shall not be subject to debate or
to intervening motion or otherwise subject to points
of order, nor shall it be in order to move to recon-
sider the vote by which the motion is agreed to or
not agreed to. If the motion is agreed to, the joint
resolution shall be considered in the House and de-
batable for not to exceed two hours equally divided
and controlled by the chairman and ranking minor-
ity member of the committee. The previous question
shall be considered as ordered on the joint resolution
to final passage without intervening motion.
(E) In the case of a joint resolution described
in subparagraph (A), if, before the passage 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 has been re-
ceived from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(5) COMPUTATION OF TIME PERIODS.—In the
computation of the period of 60 days referred to in
paragraph (3)(A) and the period of 30 days referred
to in paragraph (4)(C), there shall be excluded the
days on which either House of Congress is not in
session because of an adjournment of more than 3
days to a day certain or because of an adjournment
of the Congress sine die.
(6) RULEMAKING POWER.—The provisions of
this subsection are enacted by the Congress—
(A) as an exercise of the rulemaking power
of the House of Representatives and the Sen-
ate, respectively, and as such, they shall be con-
sidered as part of the rules of each House, re-
spectively, or of that House to which they spe-
cifically apply, and such rules shall supersede
other rules only to the extent that they are in-
consistent therewith; and
(B) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to such House) at any
time, in the same manner, and to the same ex-
tent as in the case of any other rule of such
House.
(e) BARTER AGREEMENTS.—
(1) EXEMPTION FROM CONTROLS.—The expor-
tation pursuant to a barter agreement of any com-
modities which may lawfully be exported from the
United States, for any commodities which may law-
fully be imported into the United States, may be ex-
empted, in accordance with paragraph (2), from any
quantitative limitation on exports (other than any
reporting requirement) imposed to carry out the pol-
icy set forth in section 103(4).
(2) CRITERIA FOR EXEMPTION.—The Secretary
shall grant an exemption under paragraph (1) if the
Secretary finds, after consultation with the appro-
priate department or agency of the United States,
that—
(A) for the period during which the barter
agreement is to be performed—
(i) the average annual quantity of the
commodities to be exported pursuant to
the barter agreement will not be required
to satisfy the average amount of such com-
modities estimated to be required annually
by the domestic economy and will be sur-
plus thereto; and
(ii) the average annual quantity of the
commodities to be imported will be more
than the average amount of such commod-
ities estimated to be required annually to
supplement domestic production; and
(B) the parties to such barter agreement
have demonstrated adequately that they intend,
and have the capacity, to perform such barter
agreement.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘barter agreement’’ means any
agreement which is made for the exchange, without
monetary consideration, of any commodities pro-
duced in the United States for any commodities pro-
duced outside of the United States.
(4) 
APPLICABILITY.—This 
subsection 
shall
apply only with respect to barter agreements entered
into after September 30, 1979.
(f) EFFECT
OF CONTROLS
ON EXISTING CON-
TRACTS.—
(1) WESTERN RED CEDAR.—Any export con-
trols imposed under section 7(i) of the Export Ad-
ministration Act of 1979 or this section shall not af-
fect any contract to harvest unprocessed western red
cedar from State lands which was entered into be-
fore October 1, 1979, and the performance of which
would make the red cedar available for export.
(2) OTHER
CONTROLS.—Any export controls
imposed under this section on any agricultural com-
modity (including fats, oils, forest products, and ani-
mal hides and skins), or on any fishery product,
shall not affect any contract to export entered into
before the date on which such controls are imposed.
For purposes of this paragraph, 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 commodities
or technology.
(g) OIL EXPORTS
FOR USE
BY UNITED STATES
MILITARY FACILITIES.—For purposes of this section, and
for purposes of any export controls imposed under this
title, shipments of crude oil, refined petroleum products,
or partially refined petroleum products from the United
States for use by the Department of Defense or United
States-supported installations or facilities shall not be con-
sidered to be exports.
SEC. 108. FOREIGN BOYCOTTS.
(a) PROHIBITIONS AND EXCEPTIONS.—
(1) PROHIBITIONS.—In order to carry out the
policies set forth in section 103(9), the President
shall issue regulations prohibiting any United States
person, with respect to that person’s activities in the
interstate or foreign commerce of the United States,
from taking or knowingly agreeing to take any of
the following actions with intent to comply with, fur-
ther, or support any boycott fostered or imposed by
a foreign country against a country which is friendly
to the United States and which is not itself the ob-
ject of any form of boycott pursuant to United
States law or regulation:
(A) Refusing, or requiring any other per-
son to refuse, to do business with or in the boy-
cotted country, with any business concern orga-
nized under the laws of the boycotted country,
with any national or resident of the boycotted
country, or with any other person, pursuant to
an agreement with, a requirement of, or a re-
quest from or on behalf of the boycotting coun-
try. The mere absence of a business relationship
with or in the boycotted country, with any busi-
ness concern organized under the laws of the
boycotted country, with any national or resident
of the boycotted country, or with any other per-
son, does not indicate the existence of the in-
tent required to establish a violation of regula-
tions issued to carry out this subparagraph.
(B) Refusing, or requiring any other per-
son to refuse, to employ or otherwise discrimi-
nating against any United States person on the
basis of the race, religion, sex, or national ori-
gin of that person or of any owner, officer, di-
rector, or employee of such person.
(C) Furnishing information with respect to
the race, religion, sex, or national origin of any
United States person or of any owner, officer,
director, or employee of such person.
(D) Furnishing information about whether
any person has, has had, or proposes to have
any business relationship (including a relation-
ship by way of sale, purchase, legal or commer-
cial representation, shipping or other transport,
insurance, investment, or supply) with or in the
boycotted country, with any business concern
organized under the laws of the boycotted coun-
try, with any national or resident of the boy-
cotted country, or with any other person that is
known or believed to be restricted from having
any business relationship with or in the boycott-
ing country. Nothing in this paragraph shall
prohibit the furnishing of normal business in-
formation in a commercial context as defined by
the Secretary.
(E) Furnishing information about whether
any person is a member of, has made a con-
tribution to, or is otherwise associated with or
involved in the activities of any charitable or
fraternal organization which supports the boy-
cotted country.
(F) Paying, honoring, confirming, or other-
wise implementing a letter of credit which con-
tains any condition or requirement compliance
with which is prohibited by regulations issued
pursuant to this paragraph, and no United
States person shall, as a result of the applica-
tion of this paragraph, be obligated to pay or
otherwise honor or implement such letter of
credit.
(2) EXCEPTIONS.—Regulations issued pursuant
to paragraph (1) shall provide exceptions for—
(A) complying or agreeing to comply with
requirements—
(i) prohibiting the import of commod-
ities or services from the boycotted country
or commodities produced or services pro-
vided by any business concern organized
under the laws of the boycotted country or
by nationals or residents of the boycotted
country; or
(ii) prohibiting the shipment of com-
modities to the boycotting country on a
carrier of the boycotted country, or by a
route other than that prescribed by the
boycotting country or the recipient of the
shipment;
(B) complying or agreeing to comply with
import and shipping document requirements
with respect to the country of origin, the name
of the carrier and route of shipment, the name
of the supplier of the shipment, or the name of
the provider of other services, except that no in-
formation knowingly furnished or conveyed in
response to such requirements may be stated in
negative, blacklisting, or similar exclusionary
terms, other than with respect to carriers or
route of shipment as may be permitted by such
regulations in order to comply with precaution-
ary requirements protecting against war risks
and confiscation;
(C) complying or agreeing to comply in the
normal course of business with the unilateral
and specific selection by a boycotting country,
or national or resident thereof, of carriers, in-
surers, suppliers of services to be performed
within the boycotting country, or specific com-
modities which, in the normal course of busi-
ness, are identifiable by source when imported
into the boycotting country;
(D) complying or agreeing to comply with
export requirements of the boycotting country
relating to shipments or transshipment of ex-
ports to the boycotted country, to any business
concern of or organized under the laws of the
boycotted country, or to any national or resi-
dent of the boycotted country;
(E) compliance by an individual or agree-
ment by an individual to comply with the immi-
gration or passport requirements of any country
with respect to such individual or any member
of such individual’s family or with requests for
information regarding requirements of employ-
ment of such individual within the boycotting
country; and
(F) compliance by a United States person
resident in a foreign country or agreement by
such person to comply with the laws of the
country with respect to such person’s activities
exclusively therein, and such regulations may
contain exceptions for such resident complying
with the laws or regulations of the foreign coun-
try governing imports into such country of
trademarked, trade named, or similarly specifi-
cally identifiable products, or components of
products for such person’s own use, including
the performance of contractual services within
that country, as may be defined by such regula-
tions.
(3) LIMITATION ON EXCEPTIONS.—Regulations
issued pursuant to paragraphs (2)(C) and (2)(F)
shall not provide exceptions from paragraphs (1)(B)
and (1)(C).
(4) ANTITRUST AND CIVIL RIGHTS LAWS NOT
AFFECTED.—Nothing in the subsection may be con-
strued to supersede or limit the operation of the
antitrust or civil rights laws of the United States.
(5) EVASION.—This section shall apply to any
transaction or activity undertaken, by or through a
United States person or any other person, with in-
tent to evade the provisions of this section as imple-
mented by the regulations issued pursuant to this
subsection, and such regulations shall expressly pro-
vide that the exceptions set forth in paragraph (2)
shall not permit activities or agreements (expressed
or implied by a course of conduct, including a pat-
tern of responses) otherwise prohibited, which are
not within the intent of such exceptions.
(b) ADDITIONAL REGULATIONS AND REPORTS.—
(1) REGULATIONS.—In addition to the regula-
tions issued pursuant to subsection (a), regulations
issued under section 106 shall implement the policies
set forth in section 103(9).
(2) REPORTS BY UNITED STATES PERSONS.—
Such regulations shall require that any United
States person receiving a request for the furnishing
of information, the entering into or implementing of
agreements, or the taking of any other action re-
ferred to in section 103(9) shall report that fact to
the Secretary, together with such other information
concerning such request as the Secretary may re-
quire, for such action as the Secretary considers ap-
propriate for carrying out the policies of that sec-
tion. Such person shall also report to the Secretary
whether such person intends to comply and whether
such person has complied with such request. Any re-
port filed pursuant to this paragraph shall be made
available promptly for public inspection and copying,
except that information regarding the quantity, de-
scription, and value of any commodities or tech-
nology to which such report relates may be kept con-
fidential if the Secretary determines that disclosure
thereof would place the United States person in-
volved at a competitive disadvantage. The Secretary
shall periodically transmit summaries of the infor-
mation contained in such reports to the Secretary of
State for such action as the Secretary of State, in
consultation with the Secretary, considers appro-
priate for carrying out the policies set forth in sec-
tion 103(9).
(c) PREEMPTION.—The provisions of this section and
the regulations issued under this section shall preempt any
law, rule, or regulation which—
(1) is a law, rule, or regulation of any of the
several States or the District of Columbia, or any of
the territories or possessions of the United States,
or of any governmental subdivision thereof; and
(2) pertains to participation in, compliance
with, implementation of, or the furnishing of infor-
mation regarding restrictive trade practices or boy-
cotts fostered or imposed by foreign countries
against other countries.
SEC. 109. PROCEDURES FOR PROCESSING EXPORT LI-
CENSE APPLICATIONS; OTHER INQUIRIES.
(a) 
PRIMARY
RESPONSIBILITY
OF
THE
SEC-
RETARY.—
(1) IN GENERAL.—All export license applica-
tions required under this title shall be submitted by
the applicant to the Secretary. Subject to the proce-
dures provided in this section—
(A) if referral of an application to other
departments or agencies for review is not re-
quired, the Secretary shall, within 9 days after
receiving the application, issue a license or no-
tify the applicant of the intent to deny the ap-
plication; or
(B) if referral of the application to other
departments or agencies for review is required,
the Secretary shall, within 30 days after refer-
ral of any such application to other depart-
ments or agencies—
(i) issue a license;
(ii) notify the applicant of the intent
to deny the application; or
(iii) ensure that the application is sub-
ject to the interagency resolution process
set forth in subsection (d).
(2) RECOMMENDATIONS
OF
OTHER
AGEN-
CIES.—The Secretary shall seek information and
recommendations from the Department of Defense
and other departments and agencies of the United
States that are identified by the President as being
concerned with factors having an important bearing
on exports administered under this title. Such de-
partments and agencies shall cooperate fully and
promptly in rendering information and recommenda-
tions.
(3) PROCEDURES.—In guidance and regulations
that implement this section, the Secretary shall de-
scribe the procedures required by this section, the
responsibilities of the Secretary and of other depart-
ments and agencies in reviewing applications, the
rights of the applicant, and other relevant matters
affecting the review of license applications.
(4) CALCULATION OF PROCESSING TIMES.—In
calculating the processing times set forth in this sec-
tion, the Secretary shall use calendar days, except