tion on controlled countries and controlled
endusers.
(2) CERTIFICATION OF MULTILATERAL EXPORT
CONTROL REGIMES.—
(A) When the Secretary determines that
an existing export control regime has met the
objectives set forth in paragraph (1), the Sec-
retary shall certify such determination and pub-
lish such certification in the Federal Register,
and exports to all countries adhering to that re-
gime shall be subject to the licensing treatment
set forth in paragraph (5).
(B) COCOM shall be considered to have
met the objectives set forth in paragraph (1).
(3) NEW EXPORT CONTROL REGIMES.—No new
export control regime shall be entered into by the
United States until the President has submitted to
the appropriate committees in the House of Rep-
resentatives and the Senate and published in the
Federal Register, at least 90 days before the new re-
gime becomes effective, a report—
(A) certifying that the members of the new
regime represent all significant sources of sup-
ply for the goods and technology which are to
be controlled by the regime;
(B) specifying the list of goods and tech-
nology to be controlled cooperatively by mem-
bers of the regime and the destinations to
which such goods and technology are to be con-
trolled; and
(C) certifying that such goods and tech-
nology are controllable and that licensing their
export would be effective in restricting the ca-
pabilities set forth in subsection (a)(1)(A) or
(B).
(4) FORMALIZATION OF REGIME CONTROLS.—
The Secretary shall pursue efforts to consolidate and
formalize existing export control regimes, such as
COCOM, the MTCR, the Australia Group, and the
Nuclear Suppliers Group, into a single, new, multi-
lateral entity for the coordination of export controls.
Until such new entity is formed, the Secretary shall
also pursue efforts to rationalize export controls
among the existing export control regimes, especially
with respect to coordinating the performance and
other identifying characteristics of goods and tech-
nologies which are controlled under such regimes.
(5) EXPORT
LICENSING
POLICIES
TO
COUN-
TRIES
PARTICIPATING
IN
OR
COOPERATING
WITH
EXPORT CONTROL REGIMES.—
(A) 
FAVORABLE
LICENSING
TREAT-
MENT.— Except as otherwise required by the
Atomic Energy Act of 1954, if an export con-
trol regime is certified under paragraph (2), no
authority or permission may be required for ex-
ports or reexports of goods and technology con-
trolled by such regime to or from members of
the regime or cooperating countries with respect
to such regime.
(B) EXEMPTION FROM SANCTIONS.—Sanc-
tions for violations of export controls may not
be imposed under section 8(d) on foreign per-
sons who are nationals of countries that are
members of an export control regime certified
under paragraph (2) or cooperating countries
with respect to such regime, to the extent pro-
vided in section 8(d)(5).
(C) EXCEPTION.—If the Secretary deter-
mines that a member of an export control re-
gime certified under paragraph (2), a cooperat-
ing country with respect to such regime, or an
enduser in a country that is such a regime
member or in such a cooperating country is en-
gaging in a pattern and practice of noncompli-
ance with controls agreed to by the regime, the
Secretary shall seek a similar determination by
the other members of the regime concerning
such noncompliance. If such a determination is
made, the Secretary shall propose the suspen-
sion of favorable licensing treatment of exports
and reexports to that noncomplying regime
member, cooperating country, or enduser by all
members of the regime during the period in
which that determination is in effect.
(D) NEW
MEMBERS.—When a country
that is not a member of an export control re-
gime certified under paragraph (2) agrees to
the objectives and procedures of such regime
and has become a member of that regime, the
Secretary shall certify that this new member is
eligible for the licensing treatment set forth in
this paragraph, and shall publish such certifi-
cation in the Federal Register.
(6) TRANSITION PERIOD TO CERTIFIED EXPORT
CONTROL REGIMES.—For a period of 18 months be-
ginning on the effective date of this Act, the Sec-
retary shall apply the licensing policies set forth in
paragraph (5) to all countries who participate in or
are cooperating countries with respect to an export
control regime even if the Secretary has not certified
the regime under paragraph (2). After the expiration
of such 18-month period, if the Secretary fails to
certify an export control regime under paragraph
(2), the Secretary may—
(A) continue to apply the licensing policies
set forth in paragraph (5) if the negotiations
prescribed in paragraph (1) continue; or
(B) require authority or permission to ex-
port or reexport goods or technology on which
controls are in effect under this section to any
country that participates in or is a cooperating
country with respect to such export control re-
gime.
SEC. 5. EMERGENCY CONTROLS.
(a) AUTHORITY.—
(1) IN GENERAL.—In order to carry out the
policy set forth in section 2(b)(6), the President
may, in accordance with this section, prohibit or cur-
tail the export and reexport of any commercial goods
or technology subject to the jurisdiction of the Unit-
ed States to any country or enduser. The authority
to impose controls under this subsection shall be ex-
ercised by the Secretary, in consultation with other
members of the Commercial Export Control Policy
Committee established under section 6(b), and shall
be implemented by means of export licenses issued
by the Secretary.
(2) EXPIRATION OF AUTHORITY.—
(A) IN GENERAL.—Any emergency controls
imposed under this section shall expire 180
days after they are imposed, unless they are
terminated earlier by the President, or unless
they are extended, adopted as national security
controls under section 4, or included in a total
embargo described in subsection (b)(2) that is
imposed by the President under the Inter-
national Emergency Economic Powers Act, the
Trading with the Enemy Act or other provision
of law other than this Act, on all exports and
imports to a country. Any extension or subse-
quent extension of the emergency controls shall
be for a period of not more than 180 days each.
(B) 
EXCEPTION
FOR
MULTILATERAL
AGREEMENTS.—Subparagraph (A) shall not
apply to controls imposed by the President in
order to fulfill obligations of the United States
pursuant to a treaty to which the United States
is a party or pursuant to an agreement to im-
pose such controls multilaterally by the United
Nations or similar international or regional or-
ganization of which the United States is a
member. If such a treaty or agreement ceases
to be in effect, emergency controls imposed by
the President pursuant to such treaty or agree-
ment shall immediately cease to be in effect.
(3) CRITERIA.—The President may impose
emergency controls under this section only if the
President—
(A) determines that the emergency controls
are a necessary and appropriate policy response
to an immediate and extraordinary threat to the
national security or foreign policy of the United
States;
(B) determines that no other alternative
means can achieve the national security or for-
eign policy objectives of the United States with-
in a reasonable time frame;
(C) determines that the emergency controls
can reasonably be expected to achieve the in-
tended objective within 180 days after being im-
posed, after having taken into consideration
other factors, including the availability from
one or more countries of comparable goods and
technology to those on which the controls are
imposed;
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate.
(B) LIMITATION.—The President may not
impose emergency controls under this section
until the President has submitted to the Con-
gress and published in the Federal Register a
report—
(i) specifying the purpose of the con-
trols;
(ii) specifying the determinations of
the President with respect to each of the
criteria set forth in paragraph (3), the
bases for such determinations, and the ad-
verse national security, foreign policy, and
economic consequences of the controls;
(iii) containing an analysis identifying
those commercial goods and technology
which must be controlled in order to
achieve the intended purpose of the emer-
gency controls, and describing the reasons
for selecting such items;
(iv) describing the nature, subjects,
and plans for the negotiations with other
countries required by paragraph (3)(F);
(v) containing a thorough assessment
of the foreign availability of the commer-
cial goods and technology proposed for
control;
(vi) containing an analysis, based on
past experience with emergency controls
and based upon information on foreign
availability, of the extent to which the
emergency controls will be effective in
achieving the intended purpose;
(vii) incorporating an evaluation of
the impact of the controls on the export
performance of the United States, on the
competitive position of the United States
and United States industry in the inter-
national economy, on the international rep-
utation of the United States as a reliable
supplier of goods and technology, on the
economic well-being of individual United
States companies and their employees and
shareholders, their foreign investments,
and their joint ventures, and on public
health and safety;
(viii) specifying that the President has
determined that the emergency controls
can be expected to achieve the intended
purpose with reasonable certainty within
180 days after being imposed;
(ix) indicating the nature and results
of the alternative means attempted under
paragraph (3)(B);
(x) describing the results of the con-
sultations with industry required by sub-
paragraph (C) and with other countries re-
quired by subparagraph (D); and
(xi) describing the views of the Presi-
dent regarding the likelihood that all other
countries representing a source of supply
of the goods or technology on which the
controls are imposed will be willing to im-
pose comparable controls promptly.
(C) CONSULTATION WITH INDUSTRY.—The
Secretary shall consult with and seek advice
from affected United States industries and the
appropriate industry advisory committees estab-
lished under section 6(d) before imposing emer-
gency controls under this section. Such con-
sultation and advice shall be with respect to the
matters described in subparagraph (B), and
such other matters as the Secretary considers
appropriate.
(D) CONSULTATION
WITH
OTHER
COUN-
TRIES.—Before imposing emergency controls
under this section, the President shall consult
with such other countries as the President con-
siders appropriate with respect to the proposed
controls, including other countries that rep-
resent a significant source of supply of goods
and technology proposed for the controls. Pur-
suant to paragraph (3)(F), the President shall,
within 10 days after imposing emergency con-
trols, initiate negotiations with other supplier
countries of goods and technology on which the
controls are imposed, and other countries as the
President considers appropriate, with respect to
adopting the controls so that the controls may
be imposed under section 4.
(E) CONFIDENTIALITY.—To the extent
necessary to further the effectiveness of the
emergency controls, portions of the report re-
quired by subparagraph (B) may be submitted
to the Congress on a classified basis, and shall
be subject to the provisions of section 3(f), but
a non-classified version of such report shall be
simultaneously made available to the public.
Each such report shall, at the time it is submit-
ted to the Congress, also be submitted to the
Comptroller General, who shall assess the re-
port’s full compliance with the purposes of this
subsection.
(5) EMERGENCY
CONTROL
LIST.—The Sec-
retary shall establish and maintain, as part of the
control index, a list comprised of any commercial
goods and technology on which emergency controls
are in effect under this section and, for each item
on the list, the specific countries or endusers to
which the controls apply. In addition to clearly iden-
tifying which commercial goods or technology are
subject to emergency controls to which specific coun-
tries or endusers, the list shall also indicate when
such controls are due to expire. Such list shall be re-
viewed and updated every 6 months for the purpose
of making such revisions as are necessary in order
to carry out this section.
(b) PROCEDURES AND LIMITATIONS ON EMERGENCY
CONTROLS.—
(1) IN GENERAL.—Not later than the end of
the 180-day period after emergency controls are im-
posed under subsection (a), the President shall—
(A) terminate the emergency controls;
(B) adopt the emergency controls as na-
tional security controls under section 4;
(C) include the emergency controls in an
embargo described in paragraph (2) on all ex-
ports and imports that are imposed under the
International Emergency Economic Powers Act,
the Trading with the Enemy Act, or other pro-
vision of law; or
(D) extend the emergency controls under
subsection (c).
(2) IMPOSITION OF AN EMBARGO.—An embargo
under paragraph (1)(C) shall include the prohibition
of all exports to and imports from the country
against which the controls under this section were
imposed, except as provided in section 7(b)(6).
(3) CESSATION OF EMERGENCY CONTROLS.—
(A) IN
GENERAL.— Emergency controls
imposed under this section on goods or tech-
nology shall cease to be in effect immediately
upon—
(i) the imposition of national security
controls under section 4 on the same goods
and technology to the country or enduser
with respect to which the emergency con-
trols were imposed; or
(ii) the imposition, under the Inter-
national Emergency Economic Powers Act,
the Trading with the Enemy Act, or other
provision of law, of an embargo described
in paragraph (2).
(B) 
CONVERSION
TO
MULTILATERAL
AGREEMENTS.—If the President imposes emer-
gency controls on goods or technology to a
country or enduser under this section in order
to fulfill obligations of the United States pursu-
ant to a treaty to which the United States is a
party, or pursuant to an agreement to impose
such controls multilaterally by an international
organization of which the United States is a
member, any emergency controls imposed prior
thereto under this section on the same goods or
technology to the same country or enduser shall
immediately cease to be in effect.
(4) LIMITATIONS
ON
REIMPOSITION.—Emer-
gency controls which have ceased to be in effect
under paragraph (3) or subsection (a)(2), and which
have not been extended under subsection (c), may
not be reimposed by the President under subsection
(a) for a period of 1 year beginning on the date on
which the original controls expire.
(c) EXTENSION OF EMERGENCY CONTROLS.—
(1) REPORT.—If the President decides to ex-
tend emergency controls imposed under subsection
(a), which are due to expire under subsection (a)(2),
the President shall, not later than 60 calendar days
before the expiration of such controls, transmit to
the Congress a report on the proposed extension,
setting forth the reasons for the proposed extension
in detail and specifying the period of time, which
may not exceed 180 days, for which the controls are
proposed to be extended. In particular, such report
shall specify in detail—
(A) the determinations of the President
with respect to each of the criteria set forth in
subsection (a)(3);
(B) the reasons why negotiations required
under subsection (a)(3)(F) failed to result in
the adoption of the emergency controls under
section 4, and the reasonable period of time the
President expects will be required to success-
fully conclude such negotiations;
(C) the reasons why a total embargo on all
exports and imports is not presently justified to
achieve the national security or foreign policy
objectives of the United States; and
(D) information on each of the items set
forth in subsection (a)(4)(B).
(2) CONSIDERATION
OF
EXTENSION.—If the
Congress, not later than 60 calendar days after the
date of its receipt of the report under paragraph (1),
adopts a joint resolution pursuant to paragraph (3)
approving the extension of the emergency controls,
then such emergency controls shall remain in effect
for the period specified in the report or until termi-
nated by the President, whichever occurs first, but
in no case longer than 180 days after the date on
which the controls would otherwise expire under sub-
section (a)(2). If the Congress, within 60 calendar
days after the date of its receipt of such report, fails
to adopt a joint resolution approving the extension
of such controls, then such controls shall cease to be
effective upon the expiration of that 60-day period.
(3) JOINT RESOLUTIONS.—
(A) DEFINITION.—For purposes of this
paragraph, the term ‘‘joint resolution’’ means
only a joint resolution the matter after the re-
solving clause of which is as follows: ‘‘That,
pursuant to section 5(c) of the Commercial Ex-
port Administration Act of 1993, the President
may extend emergency controls as specified in
the report submitted to the Congress on
lllllllllllll.’’, 
with 
the
blank space being filled with the appropriate
date.
(B) INTRODUCTION.—On the day on which
a report is submitted to the House of Rep-
resentatives and the Senate under paragraph
(1), a joint resolution with respect to the exten-
sion of controls specified in such report shall be
introduced (by request) in the House of Rep-
resentatives by the chairman of the Committee
on Foreign Affairs, for the chairman 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 ma-
jority leader and the minority leader of the Sen-
ate. If either House of Congress is not in ses-
sion on the day on which such a report is sub-
mitted, the joint resolution shall be introduced
in that House, as provided for in the preceding
sentence, on the first day thereafter on which
that House is in session.
(C) COMMITTEE
REFERRALS.—All joint
resolutions introduced in the House of Rep-
resentatives shall be referred to the appropriate
committee and all joint resolutions introduced
in the Senate shall be referred to the Commit-
tee on Banking, Housing, and Urban Affairs.
(D) DISCHARGE.—If the committee of ei-
ther House to which a joint resolution has been
referred has not reported the joint resolution by
the end of 30 calendar 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) CONSIDERATION.—A joint resolution
under this paragraph shall be considered in the
Senate in accordance with the provisions of sec-
tion 601(b)(4) of the International Security As-
sistance and Arms Export Control Act of 1976.
For the purpose of expediting the consideration
and passage of joint resolutions reported or dis-
charged under 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 consid-
eration of a joint resolution under this para-
graph 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) DUPLICATIVE RESOLUTIONS.—In the
case of a joint resolution described in subpara-
graph (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 had
been received from the other House; and
(ii) the vote on final passage shall be
on the joint resolution of the other House.
(4) RENEWAL OF CONTROLS.—If, upon the
expiration of the emergency controls extended
under this subsection, the President determines
that a further extension of emergency controls
for an additional period of time of not more