An Act to provide for continuation of authority for regulation of exports
PL 91-184 (H.R.4293), enacted 12/30/1969

83 STAT. ] 
PUBLIC LAW 91-184-DEC. 30, 1969 
841 
Public Law 91-184 
AN ACT 
December 30, 1969 
To provide for continuation of authority for regulation of exports. 
[H. R. 4293] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
. Export Admin-
' 
t7 
7 
i s t r a t i o n Act of 
1969. 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Export Administration 
Act of 1969". 
FINDINGS 
SEC. 2. The Congress makes the following findings: 
(1) The availability of certain materials at home and abroad varies 
so that the quantity and composition of United States exports and 
their distribution among importing countries may affect the welfare 
of the domestic economy and may have an important bearing upon 
fulfillment of the foreign policy of the United States. 
(2) The unrestricted export of materials, information, and tech-
nology without regard to whether they make a significant contribution 
to the military potential of any other nation or nations may adversely 
affect the national security of the United States. 
(3) The unwarranted restriction of exports from the United States 
has a serious adverse effect on our balance of payments. 
(4) The uncertainty of policj^ toward certain categories of exports 
has curtailed the efforts of American business in those categories to the 
detriment of the overall attempt to improve the trade balance of the 
United States. 
DECLARATION OF POLICY 
SEC. 3. The Congress makes the following declarations: 
(1) It is the policy of the United States both (A) to encourage trade 
with all countries with which we have diplomatic or trading relations, 
except those countries with which such trade has been determined by 
the President to be against the national interest, and (B) to Restrict 
the export of goods and technology which would make a significant 
contribution to the military potential of any other nation or nations 
which would prove detrimental to the national security of the United 
States. 
(2) It is the policy of the United States to use export controls (A) 
^''P"'' controls. 
to the extent necessary to protect the domestic economy from the 
excessive drain of scarce materials and to reduce the serious inflation-
ary impact of abnormal foreign demand, (B) to the extent necessary 
to further significantly the foreign policy of the United States and 
to fulfill its international responsibilities, and (C) to the extent nec-
essary to exercise the necessary vigilance over exports from the stand-
point of their significance to the national security of the United 
States. 
(3) It is the policy of the United States (A) to formulate, refor-
mulate, and apply an^ necessary controls to the maximum extent pos-
sible in cooperation with all nations with which the United States has 
defense treaty commitments, and (B) to formulate a unified trade 
control policy to be observed by all such nations. 
842 
PUBLIC LAW 91-184-DEC. 30, 1969 
[83 STAT. 
(4) It is the policy of the United States to use its economic resources 
and trade potential to further the sound growth and stability of its 
economy as well as to further its national security and foreign policy 
objectives. 
tr^e^'Va^'cuces 
(^) ^^ ^^ ^^® poHcy of the United States (A) to oppose restrictive 
o^boyc'oYts?^^ 
trade practices or boycotts fostered or imposed by foreign countries 
against other countries friendly to the United States, and (B) to 
encourage and request domestic concerns engaged in the export of 
articles, materials, supplies, or information, to refuse to take any 
action, including the furnishing of information or the signing of 
agreements, which has the effect of furthering or supporting the 
restrictive trade practices or boycotts fostered or imposed by any 
foreign country against another country friendly to the United States. 
AUTHORITY 
SEC. 4. (a) (1) The Secretary of Commerce shall institute such 
organizational and procedural changes in any office or division of the 
Department of Commerce which has heretofore exercised functions 
relating to the control of exports and continues to exercise such controls 
under this Act as he determines are necessary to facilitate and effectu-
ate the fullest implementation of the policy set forth in this Act with a 
view to promoting trade with all nations with which the United States 
is engaged in trade, including trade with (A) those countries or 
groups of countries with which other countries or groups of countries 
having defense treaty commitments with the United States have a 
significantly larger percentage of volume of trade than does the United 
States, and (B) other countries eligible for trade with the United 
States but not significantly engaged in trade with the United States. In 
addition, the Secretary shall review any list of articles, materials, or 
supplies, including technical data or other information, the exportation 
of which from the United States, its territories and possessions, was 
heretofore prohibited or curtailed with a view to making promptly 
such changes and revisions in such list as may be necessary or desirable 
in furtherance of the policy, purposes, and provisions of this Act. The 
Secretary shall include a detailed statement with respect to actions 
taken in compliance with the provisions of this paragraph in the sec-
ond quarterly report (and in any subsequent report with respect to 
actions taken during the preceding quarter) made by him to the 
Congress after the date of enactment of this Act pursuant to section 10. 
(2) The Secretary of Commerce shall use all practicable means 
available to him to keep the business sector of the Nation fully 
apprised of changes in export control policy and procedures instituted 
in conformity with this Act with a view to encouraging the widest 
possible trade. 
(b) To effectuate the policies set forth in section 3 of this Act, the 
President may prohibit or curtail the exportation from the United 
States, its territories and possessions, of any articles, materials, or 
supplies, including technical data or any other information, except 
under such rules and regulations as he shall prescribe. To the extent 
necessary to achieve effective enforcement of this Act, these rules and 
regulations may apply to the financing, transporting, and other serv-
icing of exports and the participation therein by any person. Rules and 
Presidential 
determination. 
83 STAT. ] 
PUBLIC LAW 91-184-DEC. 30, 1969 
843 
regulations may provide for denial of any request or application for 
authority to export articles, materials, or supplies, including technical 
data, or any other information, from the United States, its territories 
and possessions, to any nation or combination of nations threatening 
the national security of the United States if the President determines 
that their export would prove detrimental to the national security 
of the United States, regardless of their availability from nations 
other than any nation or combination of nations threatening the 
national security of the United States, but whenever export licenses are 
required on the ground that considerations of national security over-
ride considerations of foreign availability, the reasons for so doing 
shall be reported to the Congress in the quarterly repoit following the 
Report to con-
decision to require such licenses on that ground to the extent consider-
ations of national security and foreign policy permit. The rules and 
regulations shall implement the provisions of section 3(5) of this Act 
and shall require that all domestic concerns receiving requests for the 
furnishing of information or the signing of agreements as specified in 
that section must report this fact to the Secretary of Commerce for 
Report. 
such action as he may deem appropriate to carry out the purposes of 
that section. 
(c) Nothing in this Act, or in the rules and regulations authorized 
by it, shall in any way be construed to require authority and permis-
sion to export articles, materials, supplies, data, or information except 
where the national security, the foreign policy of the LTnited States, or 
the need to protect the domestic economy from the excessive drain of 
scarce materials makes such requirement necessary. 
(d) The President may delegate the power, authority, and discre-
tion conferred upon him by this Act to such departments, agencies, or 
officials of the Government as he may deem appropriate. 
(e) The authority conferred by this section shall not be exercised ^ mm^drV^r^ 
with respect to any agricultural commodity, including fats and oils, exception. 
during any period for which the supply of such commodity is deter-
mined by the Secretary of Agriculture to be in excess of the require-
ments of the domestic economy, except to the extent required to 
effectuate the policies set forth in clause (B) or (C) of paragraph (2) 
of section 3 of this Act. 
CONSULTATION 
AND 
STANDARDS 
SEC. 5. (a) In determining what shall be controlled hereunder, and 
in determining the extent to which exports shall be limited, any depart-
ment, agency, or official making these determinations shall seek infor-
mation and advice from the several executive departments and inde-
pendent agencies concerned with aspects of our domestic and foreign 
policies and operations having an important bearing on exports. Con-
sistent with considerations of national security, the President shall 
from time to time seek information and advice from various segments 
of private industry in connection with the making of these deter-
minations. 
(b) In authorizing exports, full utilization of private competitive 
trade channels shall be encouraged insofar as practicable, giving con-
sideration to the interests of small business, merchant exporters as well 
as producers, and established and new exporters, and provision shall be 
844 
PUBLIC LAW 91-184-DEC. 30, 1969 
[83 STAT. 
made for representative trade consultation to that end. In addition, 
there may be applied such other standards or criteria as may be deemed 
necessary by the head of such department, or agency, or official to 
carry out the policies of this Act. 
VIOLATIONS 
Penalty. 
^^Q g ^a) Except as pTOvided in subsection (b) of this section, who-
ever knowingly violates any provision of this Act or any regulation, 
order, or license issued thereunder shall be fined not more than $10,000 
or imprisoned not more than one year, or both. For a second or subse-
quent offense, the offender shall be fined not more than three times the 
value of the exports involved or $20,000, whichever is greater, or 
imprisoned not more than five years, or both. 
dom*in^ed'^'" 
i^) Whoevcr willfully exports anything contrary to any provision 
nations, export 
of this Act or auy regulation, order, or license issued thereunder, with 
pen'^ity?""' 
knowlcdge that such exports will be used for the benefit of any Com-
munist-dominated nation, shall be fined not more than five times the 
value of the exports involved or $20,000, whichever is greater, or 
imprisoned not more than five years, or both. 
(c) The head of any department or agency exercising any functions 
under this Act, or any officer or employee of such department or 
agency specifically designated by the head thereof, may impose a civil 
penalty not to exceed $1,000 for each violation of this Act or any regu-
lation, order, or license issued under this Act, either in addition to or in 
lieu of any other liability or penalty which may be imposed. 
(d) The payment of any penalty imposed pursuant to subsection 
(c) may be made a condition, for a period not exceeding one year after 
the imposition of such penalty, to the granting, restoration, or con-
tinuing validity of any export license, permission, or privilege granted 
or to be granted to the person upon whom such penalty is imposed. 
(e) Any amount paid in satisfaction of any penalty imposed pur-
suant to subsection (c) shall be covered into the Treasury as a mis-
cellaneous receipt. The head of the department or agency concerned 
may, in his discretion, refund any such penalty, within two years after 
payment, on the ground of a material error of fact or law in the imposi-
tion. Notwithstanding section 1346(a) of title 28 of the United States 
fstat^^'sQ^^' 
Code, no action for the refund of any such penalty may be main-
tained in any court. 
(f) In the event of the failure of any person to pay a penalty im-
posed pursuant to subsection (c), a civil action for the recovery thereof 
may, in the discretion of the head of the department or agency 
concerned, be brought in the name of the United States. In any such 
action, the court shall determine de novo all issues necessary to the 
establishment of liability. Except as provided in this subsection and in 
subsection (d), no such liability shall be asserted, claimed, or recovered 
upon by the IJnited States in any way unless it has previously been 
reduced to judgment. 
(g) Nothing in subsection (c), (d),or (f) limits 
(1) the availability of other administrative or judicial remedies 
68 Stat. 589. 
83 STAT. ] 
PUBLIC LAW 91-184-DEC. 30, 1969 
845 
with respect to violations of this Act, or any regulation, order, or 
license issued under this Act; 
(2) the authority to compromise and settle administrative pro-
ceedings brought with respect to violations of this Act, or any 
regulation, order, or license issued under this Act; or 
(3) the authority to compromise, remit, or mitigate seizures 
and forfeitures pursuant to section 1(b) of title VI of the Act of 
June 15,1917 (22 U.S.C. 401(b)). 
e^ stat. 577. 
ENFORCEMENT 
SEC. 7. (a) To the extent necessary or appropriate to the enforcement 
of this Act or to the imposition of any penalty, forfeiture, or liability 
arising under the Export Control Act of 1949, the head of any depart- 
^3 stat. 7. 
ment or agency exercising any function thereunder (and officers or 2021 note.^''^' 
employees of such department or agency specifically designated by 
^"'e, p. i69. 
the head thereof) may make such investigations and obtain such 
information from, require such reports or the keeping of such records 
Recordkeeping. 
by, make such inspection of the books, records, and other writings, 
premises, or property of, and take the sworn testimony of, any person. 
In addition, such officers or employees may administer oaths or affirma-
tions, and may by subpena require any person to appear and testify 
subpena pov^er. 
or to appear and produce books, records, and other writings, or both, ^^^^^^l^^'^^^^ °^ 
and in the case of contumacy by, or refusal to obey a subpena issued to, 
any such person, the district court of the United States for any district 
in which such person is found or resides or transacts business, upon 
application^ and after notice to any such person and hearing, shall 
have jurisdiction to issue an order requiring such person to appear and 
give testimony or to appear and produce books, records, and other 
writings, or both, and any failure to obey such order of the court 
may be punished by such court as a contempt thereof. 
(b) No person shall be excused from complying with any require- 
seif-incrimi-
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ments under this section because of his privilege against seli-incrimi-
nation, but the immunity provisions of the Compulsory Testimony Act 
of February 11, 1893 (27 Stat. 443; 49 U.S.C. 46) shall apply with 
respect to any individual who specificalljA claims such privilege. 
(c) No department, agency, or official exercising any functions 
Disclosure o
f 
under this Act shall publish or disclose information obtained hereunder ma'tion!"prohiM-°'^' 
which is deemed confidential or with reference to which a request ti°n-
for confidential treatment is made by the person furnishing such 
information, unless the head of such department or agency determines 
that the withholding thereof is contrary to the national interest. 
(d) In the administration of this Act, reporting requirements shall 
be so designed as to reduce the cost of reporting, recordkeeping, and 
export documentation required under this Act to the extent feasible 
consistent with effective enforcement and compilation of useful trade 
statistics. Eeporting, recordkeeping, and export documentation re-
quirements shall be periodically reviewed and revised in the light of 
developments in the field of information technology. A detailed state-
ment with respect to any action taken in compliance with this sub-
section shall be included m the first quarterly report made pursuant to 
section 10 after such action is taken. 
846 
PUBLIC LAW 91-184-DEC. 30, 1969 
[83 STAT. 
EXEMPTION 
EBOM 
CERTAIN 
PROVISIONS 
RELATING 
TO 
ADMINISTRATIVE 
PROCEDURE AND JUDICIAL 
REVIEW 
SEC. 8. The functions exercised under this Act are excluded from the 
operation of sections 551, 553-559, and 701-706, of title 5 United States 
80 Stat. 381, 
C o d e . 
50 u s e 86-88 
note. 
INFORMATION 
TO EXPORTERS 
68 Stat. 848. 
SEC. 9. In order to enable United States exporters to coordinate their 
business activities with the export control policies of the United States 
Government, the agencies, departments, and officials responsible for 
implementing the rules and regulations authorized under this Act shall, 
if requested, and insofar as it is consistent with the national security, 
the foreign policy of the United States, the effective administration of 
this Act, and requirements of confidentiality contained in this Act— 
(1) inform each exporter of the considerations which may cause 
his export license request to be denied or to be the subject of 
lengthy examination; 
(2) in the event of undue delay, inform each exporter of the cir-
cumstances arising during the Government's consideration of his 
export license application which are cause for denial or for further 
examination; 
(3) give each exporter the opportunity to present evidence and 
information which he believes will help the agencies, departments, 
and officials concerned to resolve any problems or questions which 
are, or may be, connected with his request for a license; and 
(4) inform each exporter of the reasons for a denial of an 
export license request. 
QUARTERLY 
REPORT 
SEC. 10. The head of any department or agency, or other official 
exercising any functions under this Act, shall make a quarterly report, 
within 45 days after each quarter, to the President and to the Congress 
of his operations hereunder. 
DEFINITION 
SEC. 11. The term "person" as used in this Act includes the singular 
and the plural and any individual, partnership, corporation, or other 
form of association, including any government or agency thereof. 
EFFECTS ON OTHER 
ACTS 
SEO. 12. (a) The Act of February 15,1936 (49 Stat. 1140), relating 
to the licensing of exports of tinplate scrap, is hereby superseded; but 
nothing contained in this Act shall be construed to modify, repeal, 
supersede, or otherwise affect the provisions of any other laws authoriz-
ing control over exports of any commodity. 
(b) The authority granted to the President under this Act shall be 
exercised in such manner as to achieve effective coordination with the 
authority exercised under section 414 of the Mutual Security Act of 
1954 (22U.S.C. 1934). 
83 STAT. 1 
PUBLIC LAW 91-185-DEC. 30, 1969 
847 
EFFECTIVE DATE 
SEC. 13. (a) This Act takes effect upon the expiration of the Export 
Control Act of 1949. 
^"'«' p- ^^>^-
(b) All outstanding delegations, rules, regulations, orders, licenses, 
or other forms of administrative action imder the Export Control Act 
of 1949 or section 6 of the Act of Julv 2, 1940 ^54 Stat. 714), shall, ^of 
J^ff ^'"'' 
until amended or revoked, remain in full force and effect, the same as if 
promulgated under this Act. 
TERMINATION DATE 
SEC. 14. The authority granted by this Act terminates on June 30, 
1971, or upon any prior date which the Congress by concurrent resolu-
tion or the President by proclamation may designate. 
Approved December 30, 1969. 
Public Law 91-185 
AN ACT 
^ 
, 
,„ , _ „ 
December 30,, 1969 
To amend the Central Intelligence Agency Retirement Act of 1964 for Certain 
[H. R. 14571] 
Employees, as amended, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
United 
States 
of America 
in Congress 
assembled^ 
That— 
gence*Aien"*y ^"' 
SECTION 1. Section 211(a) of the Central Intelligence Agency Retirement Act of 
Eetirement Act of 1964 for Certain Employees, as amended (78 Stat. ^^^^^1°^^^^"^^''' 
1043; 50 U.S.C. 403 note), is further amended by striking out "Six amendment! 
and one-half per centum" in the first sentence and inserting "Seven 
per centum". 
SEC. 2. Section 221 of the Central Intellisrence Agencv Retirement 
Average pay 
.
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to 
to 
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computation. 
Act (50 U.S.C. 403 note) is amended: 
78 stat. 1045. 
(a) by striking out in paragraph (a) "five consecutive years 
of service," and inserting "three consecutive years of service (or, 
in the case of an annuity computed under section 232 and based 
on less than three years, over the total service),"; 
(b) by striking out from the first sentence of paragraph (b) 
"or remarriage of such surviving wife or husband" and inserting 
"or upon remarriage prior to attaining age sixty of such surviving 
wife or husband"; 
(c) by striking out in paragraph (c) the items "40 per centum", 
"$600", "$L800'\ "50 per centum", "$720", and "$2,160", and 
inserting "60 per centum", "$900", "$2,700", "75 per centum", 
"$1,080'^ and "$3,240"; 
(d) by adding new paragraph (g) : 
" (g) In the case of remarriage on or after age sixty an annuity shall pr<^l^o"s!^^ 
be payable if remarriage has occurred on or after July 18, 1966, and