An Act to extend the Export Administration Act of 1969, and for other purposes
PL 92-412 (S.3726), enacted 08/29/1972

aH4 
PUBLIC LAW 92-412-AUG. 29, 1972 
[86 STAT. 
August 29, 1972 
[S.3726] 
Public Law 92-412 ^ ' - ' 
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• - •• 
A N A C T 
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''"•'^^'• 
Tit extend and amend the Expurt Administration Act of UMil) to afford more 
equal export opportunity, to establish a Council on International Economic 
Policy, and for other purposes. 
oi 
* 
;• • 
Equal export 
opportunity; inter-
national economic 
policy. 
Be it enacted by the Senate and Hou>ie of Reinu-sentativesi of the 
f'nited 
Staters of Ame'rha. m ^'ongre-'ss ansemhled, 
TITLE I — A M P : N I ) M E N T S T O T H E E X P O E T 
A D M I X -
ISTRATIOX ACT OF 19H9 
Citation of 
title. 
83 Stat. 841. 
50 u s e app. 
2401. 
50 u s e app. 
2402. 
50 u s e app. 
2403. 
Export decon-
trol, investiga-
tion. 
Post, 
p. 645. 
Report to 
President and 
eongress. 
SEC. 101. This title may be cited as the "Equal Export ()i)i)oi'timitA 
Act". 
SEC. 10^2. Section 2(3) of the Export Adniinisti-ation Act of 196! 
is amended by inserting before the period at the end thereof a comnu 
and the following: "'particularly when export restrictions appliec 
by the United States are more extensive than export restriction 
imposed by countries with which the United States has defense treat; 
commitments". 
SEC. 108. Section 3 of the Export Administration Act of 19H9 i 
amended by adding at the end thereof the following: 
*'(6) It IS the policy of the United States that the desirability c 
subjecting, or continuing to subject, particular articles, materials, c 
supplies, including technical data or other information, to I'i'nite 
States export controls should be subjected to review by and consult? 
tion with representatives of appropriate T'nited States Governmei 
agencies and qualified experts from i^rivate industry." 
SEC. 104. (a) Section 4(b) of the Export Administration Act c 
1969 is amended— 
., 
(1) by inserting "(Drafter "(b)"; and 
(2) by adding at the end thereof the following new paragraphs 
"(2) The Secretary of Commerce, in cooperation with apprr 
priate United States Government departments and agencies and th 
appropriate technical advisory committees established under sectioi 
.>(c), shall undertake an investigation to determine which articles 
materials, and supplies, including technical data and other informa 
tion, should no longer be subject to export controls because of theii 
significance to the national security of the United States. Notwith-
standing the provisions of paragraph (1), the President shall remove 
unilateral export controls on the export from the United States of 
articles, materials, or supplies, including technical data or other infor-
mation, which he determines are available without restriction from 
sources outside the United States in significant quantities and com-
parable in quality to those produced in the United States, except that 
any such control may remain in effect if the President determines 
that adequate evidence has been presented to him demonstrating that 
the absence of such a control would prove detrimental to the national 
security of the United States. The nature of such evidence shall be 
included in the special report required by paragraph (4). 
"(3) In conducting the investigation referred to in paragraph (2) 
and in taking the action required under such paragraph, the Secretary 
of Commerce shall give priority to those controls which apply to 
articles, materials, and supplies, including technical data and other 
information, for which there are significant potential export markets. 
"(4) Not later than nine months after the date of enactment of the 
Equal Export Opportunity Act, the Secretary of Commerce shall 
submit to the President and to the Congress a special report of actions 
taken under paragraphs (2) and (3). Such report shall contain— 
86 STAT. ] 
PUBLIC LAW 92-412-AUG. 29, 1972 
645 
83 Stat. 842. 
50 use app. 
2403. 
Agricultural 
50 u s e app. 
2402. 
Effective date. 
"(A) a list of any articles, materials, and supplies, including-
technical data and other information, which are subject under this 
Act to export controls greater than those imposed by nations with 
which the United States has defense treaty commitments, and the 
reasons for such greater controls; and 
"(B) a list of any procedures applicable to export licensing 
in the United States which may be or are claimed to be more 
burdensome than similar procedures utilized in nations with 
which the United States has defense treaty commitments, and the 
reasons for retaining such procedures in their present form.", 
(b) (1) Section 4(e) of such Act is amended to read as follows: 
"(e) The authority conferred by this section shall not be exercised 
with respect to any agricultural commodity, including fats and oils 
or animal hides or skms, without the approval of the Secretary of commodities, 
Agriculture. The Secretary of Agriculture shall not approve the ^'"'^P''°"-
exercise of such authority with respect to any such commodity during 
any period for which the supply of such commodity is determined by 
him to be in excess of the requirements of the domestic economy, 
except to the extent the President determines that such exercise of 
authority is required to effectuate the policies set forth in clause (B) 
or (C) of paragraph (2) of section 3 of this Act." 
(2) Any rule, regulation, proclamation, or order issued after July 
1, 1972, under section 4 of the Export Administration Act of 1969, 
exercising any authority conferred by such section with respect to 
any agricultural commodity, including fats and oils or animal hides 
or skins, shall cease to be effective upon the date of enactment of 
this Act. 
SEC. 105. Section 5 of the Export Administration Act of 1969 is 
amended by adding at the end thereof the following: 
"(c)(1) Upon written request by representatives of a substantial 
segment of any industry which produces articles, materials and sup-
plies, including technical data and other information, which are 
subject to export controls or are being considered for such controls 
because of their significance to the national security of the United 
States, the Secretary of Commerce shall appoint a technical advisory 
committee for any grouping of such articles, materials, and supplies, 
including technical data and other information, which he determines 
is difficult to evaluate because of questions concerning technical mat-
ters, worldwide availability and actual utilization of production and 
technology, or licensing procedures. Each such committee shall con-
sist of representatives oi United States industry and government. 
No person serving on any such committee who is representative of 
industry shall serve on such committee for more than two consecutive 
years. 
"(2) It shall be the duty and function of the technical advisory 
committees established under paragraph (1) to advise and assist the 
Secretary of Commerce and any other department, agency, or official 
of the Government of the United States to which the President has 
delegated power, authority, and discretion under section 4(d) with 
respect to actions designed to carry out the policy set forth in section 
3 of this Act. Such committees shall be consulted with respect to ques-
tions involving technical matters, worldwide availability and actual 
utilization of productien and technology, and licensing procedures 
which may affect the level of export controls applicable to any articles, 
materials, or supplies, including technical data or other information, 
and including those whose export is subject to multilateral con-
trols undertaken with nations with which the United States has 
defense treaty commitments, for which the committees have expertise. 
Such committees shall also he consulted and kept fully informed of 
50 u s e app. 
2404. 
Technical ad-
visory commit-
tees, appointment. 
Duty and func* 
tion. 
PUBLIC LAW 92-412-AUG. 29, 1972 
[86 STAT. 
Ante, p. 644. 
E x p e n s e s , r e -
imbursement. 
Meetings. 
Committee 
termination. 
Ante, 
p. 133. 
Confidential 
information. 
83 Stat. 845. 
50 u s e app. 
2406. 
Effective date. 
progress vvitli respect to the investigation required by section 4(b) (2) 
of this Act. Nothing in this subsection shall prevent the Secretary 
from consulting, at any time, with any person representing industry 
or the general public regardless of whether such person is a member 
of a technical advisory committee. Members of the public shall be 
given a reasonable opportunity, pursuant to regulations prescribed by 
the Secretary of Commerce, to present evidence to such committees. 
"(3) Upon request of any member of any such committee, the 
Secretary may, if he determines it appropriate, reimburse such member 
for travel, subsistence, and other necessary expenses incurred by him in 
connection with his duties as a member. 
"(4) Each such committee shall elect a chairman, and shall meet at 
least every three months at the call of the Chairman, miless the Chair-
man determines, in consultation with the other membere of the commit-
tee, that such a meeting is not necessary to achieve the purposes of this 
Act. Each such committee shall be terminated after a period of two 
years, unless extended by the Secretary for additional periods of two 
veal's. The Secretary shall consult each such committee with regard to 
such termination or extension of that committee." 
SEC. 106. Section 14 of the Export Administration Act of 1969 is 
amended by striking out "August 1,1972" and inserting in lieu thereof 
••June 80,1974". 
SEC. 107. Nothing in this title shall be construed to require the re-
lease or publication of information which is classified pursuant to 
Executive order or to affect the confidentiality safeguards provided in 
section 7(c) of the Export Administration Act of 1969. 
SEC. 108. The pi-ovisions of this title take effect as of the close of 
July 31,1972. 
Citation of 
title. 
TITLE II—(X)rNCIL ON INTERNATIONAL ECONOMIC 
POLICY 
SHORT TITLE 
SEC. 201. This title may be cited as the "International Economic 
Policy Act of 1972". 
STATEMENT OF PURPOSES 
SEC. 202. It is the purpose of this title to provide for closer Federal 
interagency coordination in the development of a more rational and 
orderly international economic policy for the United States. 
Council on 
International 
Economic Policy, 
establishment. 
FINDINGS AND POLICY 
SEC. 203. The Congress finds that there are many activities under-
taken by various departments, agencies, and instrumentalities of the 
Federal Government which, in the aggregate, constitute the domestic 
and international economic policy of the United States. The Congress 
further fuids that the objectives of the United States with respect to 
a sound and purposeful international economic policy can be better 
accomplished through the closer coordination of (1) domestic and 
foreign economic activity, and (2) in particular, that economic 
tehavior 
which, taken together, constitutes United States interna-
tional economic policy. Therefore this Act establishes a Council on 
International Economic Policy which will provide for— 
(A) a clear top level focus for the full range of international 
economic issues; deal with international economic policies includ-
ing trade, investment, balance of payments, and finance as a 
coherent w^hole: 
86 STAT. ] 
PUBLIC LAW 92-412-AUG. 29, 1972 
647 
(li) consistency between domestic and foreign economic policy: 
and 
(C) close coordination with basic foreign i)olicy objectives. 
The Congress intends that the Council shall be i)rovided with the 
o[)i)ortunity to (i) investigate problems with respect to the coordi-
nation, implementation, and long-range development of international 
economic policy, and (ii) make appropriate findings and lecommen-
dations for the purpose of assisting in the development of a i-ational 
and orderly international economic policy for the Ignited States. 
CREATION o r COUNCIL ON INTERNATIONAL ECONOMIC POLICY 
SEC. 204. There is created in the Executive Office of the President a 
Council on International Economic Policy (hereinafter refei-red to in 
this title as the "Council''). 
MEMBERSHIP 
SEC. 205. The Council shall be composed of the following members 
and such additional members as the President mav designate: 
(1) The President. 
(2) The Secretary of State. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Defense. 
' 
(5) The Secretary of Agriculture. 
(6) The Secretary of Commerce. 
(7) The Secretary of Labor. 
(8) TheDirectorof the Office of Management and Budget. 
(9) The Chairman of the Council of Economic Advisers. 
(10) The Special Representative for Trade Negotiations. 
The President shall be the Chairman of the Council and shall preside 
over the meetings of the Council; in his absence he may designate a 
member of the Council to preside in his place. 
DUTIES o r THE COUNCIL 
SEC. 206. Subject to the direction of the President, and in addition 
to performing such other functions as he may direct, the Council 
shall— 
(1) Assist and advise the President in the preparation of the 
International Economic Report required under section 207. 
(2) Review the activities and the policies of the United States 
Government which indirectly or directly relate to international 
economics and, for the purpose of making recommendations to 
the President in connection therewith, consider with some degree 
of specificity the substance and scope of the international eco-
nomic policy of the United States, which consideration shall 
include examination of the economic activities of (A) the various 
agencies, departments, and instrumentalities of the Federal Gov-
ernment, (B) the several States, and (C) private industry. 
(3) Collect, analyze, and evaluate authoritative information, 
current and prospective, concerning international economic mat-
ters. Such evaluations shall include but not be limited to the 
impact of international trade on the level, stability, and financial 
rewards for domestic labor and the impact of the transnational 
corporation on international trade flows. 
(4) Consider policies and programs for coordinating the activi-
ties of all the departments and agencies of the United States 
with one another for the purpose of accomplishing a more con-
82-081 O - 73 - 44 
m^ 
PUBLIC LAW 92-412-AUG. 29, 1972 
[86 STAT. 
C sisteiit international economic policy, and niiikc lecoinniemlations 
to the President in connection therewith. 
(5) Continually assess the progress and etfectivejiess of Fed-
eral efforts to carry out a consistent international economic 
'• 
policy. 
(6) Make recommendations to the President for domestic and 
foreign programs which will promote a more consistent interna-
tional economic policy on the part of the United States and 
private industry. Recommendations under this paragraph shall 
include, but shall not be limited to, policy proposals relating to 
monetary mechanisms, foreign investment, trade, the balance 
of payments, foreign aid, taxes, international tourism and avia-
' tion, and international treaties and agreements relating to all 
• 
such matters. In addition to other appropriate objectives, such 
policy proposals should be developed with a view toward— 
(A) strengthening the TTnit<»,d States competitive position 
in world trade ; 
. :,. 
(B) 
achieving equilibrium in international 
payment 
accounts of the United States; 
(C) increasing exports of goods and services; 
(D) protecting and improving the earnings of foreign 
investments consonant with the concepts of tax equity and 
the need for domestic investment; 
(E) achieving freedom of movement of people, goods, capi-
tal, information, and technology on a reciprocal and world-
wide basis; 
(F) increasing the real employment and income of workers 
and consumers on the basis of international economic activity; 
- 
and 
f
^ 
(G) preserving the diversified industrial base of the Ignited 
^
^ 
States. 
Econ^mfc'R"^ ort 
^^^' ^^'^' ^^^ "^^^ President shall transmit to the Congress an annual 
submittal to 
' report on the international economic position of the United States. 
Congress. 
Such report (hereinafter referred to as the "International Economic 
Report") shall be submitted not later than sixty days after the begin-
ning of each regular session of the Congress, and shall include— 
(1) information and statistics describing characteristics of 
international economic activity and identifying significant cur-
rent and foreseeable trends and developments; 
(2) a review of the international economic program of the 
Federal Government and a review of domestic and foreign eco-
nomic conditions and other significant matters affecting the 
balance of international payments of the United States and of 
their effect on the international trade, investment, financial, and 
monetary position of the United States; 
1, 
; 
(3) a review of the impact of international voluntary stand-
ards, the foreign investments of United States based transnational 
firms, and the level of foreign wage rates on the level, stability, 
and financial reward for domestic employment; and 
(4) a program for carrying out the policy objectives of this 
title, together with such recommendations for legislation as he 
may deem necessary or desirable. 
repon^s^^rc'on-^ 
(^) ^^^ President may transmit from time to time to the Con-
gress, 
gress reports supplementary to the International Economic Repoi-t, 
each of which may include such supplementary or revised recom-
mendations as he may deem necessary or desirable to arhieA-e the 
purposes and policy objectives set forth m this title. 
86 STAT. ] 
PUBLIC LAW 92-413-AUG. 29, 1972 
649 
EXECUTIVE DIRECTOR AND STAFF OF T H E COUNCIL 
SEC. 208. (a) The staff of the Council shall be headed by an Execu-
tive Director who shall be appointed by the President, and he shall 
be compensated at the rate now or hereafter provided for level I I of 
the Executive Schedule (5 U.S.C. 5313). He shall keep the Committee 
on Banking, Housing and Urban Affairs of the Senate, the Commit-
tee on Banking and Currency of the House of Representatives, the 
Committee on Foreign Relations of the Senate, the Committee on 
Foreign Affairs of the House of Representatives, the Committee on 
Finance of the Senate, the Committee on Ways and Means of the 
House of Representatives, and the Joint Economic Committee fully 
and currently informed regarding the activities of the Council. 
(b) (1) With the approval of the Council, the Executive Director 
may appoint and fix the compensation of such staff personnel as he 
deems necessary. Except as provided in paragraph (2), the staff of 
the Council shall be appointed subject to the provisions of title 5, 
United States Code, governing appointments in the competitive serv-
ice, and shall be paid in accordance with the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates. 
(2^ With the approval of the Council, the Executive Director may 
appoint and fix the compensation of one officer at a rate of basic com-
pensation not to exceed the rate provided for level IV of the Federal 
Executive Salary Schedule, and appoint and fix the compensation of 
two officers at rates of basic compensation not to exceed the rate pro-
vided for level V of the Federal Executive Salary Schedule. 
(c) With the approval of the Council, the Executive Director may 
procure temporary and intermittent services to the same extent as is 
authorized by section 3109 of title 5, United States Code, at rates not 
to exceed the daily equivalent of the rate provided for GS-18. 
(d) LTpon request of the Executive Director, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of its per-
sonnel to the Council to assist it in carrying out its duties under this 
title. 
SEC. 209. The provisions of this title shall expire on June 30, 1973, 
unless extended by legislation enacted by the Congress. 
83 Stat. 863. 
Information to 
congressional 
committees. 
80 Stat. 378. 
5 u s e iOl et 
seq, 
5 u s e 5101, 
5331. 
5 u s e 5315. 
5 u s e 5316. 
80 Stat. 416. 
5 u s e 5332 
note. 
Expiration date 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 210. For the purpose of carrying out the provisions of this title, 
there are authorized to be appropriated not to exceed $1,400,000 for 
fiscal year 1973. 
Approved August 29, 1972. 
Public Law 92-413 
AN ACT 
To amend section 2735 of title 10, United States Code, to provide for the finality 
of settlement effected under section 2733, 2734, 2734a, 2734b, or 2737. 
August 29, 1972 
[H. R. 5814] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 2735 
Miutar^claims 
of title 10, United States Code, is amended to read as follows: 
70A*stat? tss^' 
**% 2735. Settlement: final and conclusive 
"Notwithstanding any other provision of law, the settlement of a 
claim under section 2733,2734,2734a, 2734b, or 2737 of this title is final 
and conclusive." 
Approved August 29, 1972.