Export Administration Amendments Act of 1985
PL 99-64 (S.883), enacted 07/12/1985

99 STAT. 120 
PUBLIC LAW 99-64—JULY 12, 1985 
Public Law 99-64 
99th Congress 
An Act 
July 12, 1985 
[S. 883] 
Exports. 
Export 
Administration 
Amendments 
Act of 1985. 
50 u s e app. 
2401 note. 
Commerce and 
trade. 
Hazardous 
materials. 
Defense and 
national 
security. 
To reauthorize the Export Administration Act of 1979, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLB. 
Titles I and II of this Act may be cited as the "Export Administra-
tion Amendments Act of 1985". 
TITLE I—AMENDMENTS TO EXPORT ADMINISTRATION ACT 
OF 1979 
SEC. 101. REFERENCE TO THE ACT. 
Except as a otherwise expressly provided, whenever in this title 
an amendment is expressed in terms of an amendment to a section 
or other provision, the reference shall be considered to be made to a 
section or other provision of the Export Administration Act of 1979. 
SEC. 102. FINDINGS. 
Section 2 (50 U.S.C. App. 2401) is amended as follows: 
(1) Paragraph (2) is amended by striking out "by strengthen-
ing the trade balance and the value of the United States dollar, 
thereby reducing inflation" and inserting in lieu thereof "by 
earning foreign exchange, thereby contributing favorably to the 
trade balance". 
(2) Paragraph (3) is amended by striking out "which would 
strengthen the Nation's economy" and inserting in lieu thereof 
"consistent with the economic, security, and foreign policy 
objectives of the United States". 
(3) Paragraph (6) is amended to read as follows: 
"(6) Uncertainty of export control policy can inhibit the ef-
forts of United States business and work to the detriment of the 
overall attempt to improve the trade balance of the United 
States.". 
(4) Paragraph (9) is amended by striking out "achievement of 
a positive balance of payments" and inserting in lieu thereof "a 
positive contribution to the balance of payments". 
(5) Section 2 is amended by adding at the end the following: 
"(10) It is important that the administration of export con-
trols imposed for foreign policy purposes give sx)ecial emphasis 
to the need to control exports of goods and substances hazardous 
to the public health and the environment which are banned or 
severely restricted for use in the United States, and which, if 
exported, could affect the international reputation of the United 
States as a responsible trading partner. 
"(11) The acquisition of national security sensitive goods and 
technology by the Soviet Union and other countries the actions 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 121 
or policies of which run counter to the national security in-
terests of the United States, has led to the significant enhance-
ment of Soviet bloc military-industrial capabilities. This 
enhancement poses a threat to the security of the United States, 
its allies, and other friendly nations, and places additional 
demands on the defense budget of the United States. 
"(12) Availability to controlled countries of goods and tech-
nology from foreign sources is a fundamental concern of the 
United States and should be eliminated through negotiations 
and other appropriate means whenever possible. 
"(13) Excessive dependence of the United States, its allies, or 
countries sharing common strategic objectives with the United 
States, on energy and other critical resources from potential 
adversaries can be harmful to the mutual and individual secu-
rity of all those countries.". 
SEC. 103. DECLARATION OF POLICY. 
Section 3 (50 U.S.C. App. 2402)'is amended as follows: 
(1) Paragraph (3) is amended by inserting before the period at 
the end "or common strategic objectives". 
(2) Paragraph (7) is amended— 
(A) by striking out "every reasonable effort" in the 
second sentence and inserting in lieu thereof "reasonable 
and prompt efforts"; and 
(B) by striking out "resorting to the imposition of controls 
on exports from the United States" in the second sentence 
and inserting in lieu thereof "imposing export controls", 
(3) Paragraph (8) is amended— 
(A) by striking out "every reasonable effort" in the 
second sentence and inserting in lieu thereof "reasonable 
and prompt efforts"; and 
(B) by striking out "resorting to the imposition of export 
controls" in the second sentence and inserting in lieu 
thereof "imposing export controls". 
(4) Paragraph (9) is amended— 
(A) by inserting "or common strategic objectives" after 
"commitments" each place it appears; and 
(B) by inserting before the period at the end the following: 
", and to encours^e other friendly countries to cooperate in 
restricting the sale of goods and technology that can harm 
the security of the United States". 
(5) Section 3 is amended by adding at the end the following-
"(12) It is the policy of the United States to sustain vigorous 
scientific enterprise. To do so involves sustaining the ability of 
scientists and other scholars freely to communicate research 
findings, in accordance with applicable provisions of law, by 
means of publication, teaching, conferences, and other forms of 
scholarly exchange. 
"(13) It is the policy of the United States to control the export 
of goods and substances banned or severely restricted for use in 
the United States in order to foster public health and safety and 
to prevent injury to the foreign policy of the United States as 
well as to the credibility of the United States £is a responsible 
trading partner. 
"(14) It is the policy of the United Stetes to cooperate with 
countries which are allies of the United States and countries 
which share common strategic objectives with the United States 
Research and 
development. 
Commerce and 
trade. 
99 STAT. 122 
PUBLIC LAW 99-64—JULY 12, 1985 
International 
agreements. 
Union of Soviet 
Socialist 
Republics. 
Post, p. 128. 
Post, p. 148. 
in minimizing dependence on imports of energy and other 
critical resources from potential adversaries and in developing 
alternative supplies of such resources in order to minimize 
strategic threats posed by excessive hard currency earnings 
derived from such resource exports by countries with policies 
adverse to the security interests of the United States. 
"(15) It is the policy of the United States, particularly in light 
of the Soviet massacre of innocent men, women, and children 
aboard Korean Air Lines flight 7, to continue to object to 
exceptions to the International Control List for the Union of 
Soviet Socialist Republics, subject to periodic review by the 
President.". 
SEC. 104. GENERAL PROVISIONS. 
(a) VALIDATED LICENSES AUTHORIZING MULTIPLE EXPORTS.—Sec-
tion 4(a)(2) (50 U.S.C. App. 2403(a)(2)) is amended to read as follows: 
"(2) Validated licenses authorizing multiple exports, issued 
pursuant to an application by the exporter, in lieu of an individ-
ual validated license for each such export, including, but not 
limited to, the following: 
"(A) A distribution license, authorizing exports of goods 
to approved distributors or users of the goods in countries 
other than controlled countries. The Secretary shall grant 
the distribution license primarily on the basis of the reli-
ability of the applicant and foreign consignees with respect 
to the prevention of diversion of goods to controlled coun-
tries. The Secretary shall have the responsibility of deter-
mining, with the assistance of all appropriate agencies, the 
reliability of applicants and their immediate consignees. 
The Secretary's determination shall be based on appro-
priate investigations of each applicant and periodic reviews 
of licensees and their compliance with the terms of licenses 
issued under this Act. Factors such as the applicant's prod-
ucts or volume of business, or the consignees' geographic 
location, sales distribution area, or degree of foreign owner-
ship, which may be relevant with respect to individual 
cases, shall not be determinative in creating categories or 
general criteria for the denial of applications or withdrawal 
of a distribution license. 
"(B) A comprehensive operations license, authorizing ex-
ports and reexports of technology and related goods, includ-
ing items from the list of militarily critical technologies 
developed pursuant to section 5(d) of this Act which are 
included on the control list in accordance with that section, 
from a domestic concern to and among its foreign subsidi-
aries, affiliates, joint venturers, and licensees that have 
long-term, contractually defined relations with the ex-
porter, are located in countries other than controlled coun-
tries, and are approved by the Secretary. The Secretary 
shall grant the license to manufacturing, laboratory, or 
related operations on the basis of approval of the exporter's 
systems of control, including internal proprietary controls, 
applicable to the technology and related goods to be ex-
ported rather than approval of individual export trans-
actions. The Secretary and the Commissioner of Customs, 
consistent with their authorities under section 12(a) of this 
Act, and with the assistance of all appropriate agencies, 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 123 
shall periodically, but not less frequently than annually, 
perform audits of licensing procedures under this subpara-
graph in order to assure the integrity and effectiveness of 
those procedures. 
"(C) A project license, authorizing exports of goods or 
technology for a specified activity. 
"(D) A service supply license, authorizing exports of spare 
or replacement parts for goods previously exported.". 
(b) CONTROL LIST.—Section 4(b) is amended— 
50 use app. 
(1) by striking out "Commodity" and "commodity"; and 
2403. 
(2) by striking out "consisting of any goods or technology 
subject to export controls under this Act" and inserting in lieu 
thereof "stating license requirements (other than for general 
licenses) for exports of goods and technology under this Act". 
(c) FOREIGN AVAILABILITY.—Section 4(c) is amended— 
(1) by striking out "significant" and inserting in lieu thereof 
"sufficient"; 
(2) by inserting after "those produced in the United States" 
the following: "so as to render the controls ineffective in achiev-
ing their purposes"; and 
(3) by adding at the end the following: "In compljdng with the 
provisions of this subsection, the President shall give strong 
emphasis to bilateral or multilateral negotiations to eliminate 
foreign availability. The Secretary and the Secretary of Defense 
shall cooperate in gathering information relating to foreign 
availability, including the establishment and maintenance of a 
jointly operated computer system.". 
(d) NOTIFICATION OF PUBUC AND CONSULTATION WITH BUSINESS.— 
Section 4(f) is amended to read as follows: 
"(f) NOTIFICATION OF THE PUBUC; CONSULTATION WITH BUSINESS.— 
The Secretary shall keep the public fully apprised of changes in 
export control policy and procedures instituted in conformity with 
this Act with a view to encouraging trade. The Secretary shall meet 
regularly with representatives of a broad spectrum of enterprises, 
labor organizations, and citizens interested in or affected by export 
controls, in order to obtain their views on United States export 
control policy and the foreign availability of goods and technology.". 
SEC. 105. NATIONAL SECURITY CONTROLS. 
(a) AUTHORITY.— 
(1) TRANSFERS TO EMBASSIES OF CONTROLLED COUNTRIES.—Sec-
tion 5(aXl) (50 U.S.C. App. 2404(aXl)) is amended by inserting 
after the first sentence the following new sentence: "The 
authority contained in this subsection includes the authority to 
prohibit or curtail the transfer of goods or technology within 
the United States to embassies and affiliates of controlled 
countries.". 
(2) CLERICAL AMENDMENT.—Section 5(aX2) is amended— 
(A) by striking out "(A)"; and 
(B) by striking out subparagraph (B). 
(3) SAFEGUARDS TO PREVENT DIVERSIONS.—Section 5(aX3) is 
amended by striking out the last sentence. 
(b) PoucY TOWARD INDIVIDUAL COUNTRIES.— 
(1) CONTROLLED COUNTRIES.—Section 5(b) is amended by strik- President of U.S. 
ing out the first sentence and inserting in lieu thereof the 
following: "(1) In administering export controls for national 
security purposes under this section, the President shall estab-
99 STAT. 124 
PUBLIC LAW 99-64—JULY 12, 1985 
22 u s e 2370. 
Ante, p. 123. 
50 u s e app. 
2404. 
Federal 
Register, 
publication. 
50 u s e app. 
2402. 
lish as a list of controlled countries those countries set forth in 
section 620(f) of the Foreign Assistance Act of 1961, except that 
the President may add any country to or remove any country 
from such list of controlled countries if he determines that the 
export of goods or technology to such country would or would 
not (as the case may be) make a significant contribution to the 
military potential of such country or a combination of countries 
which would prove detrimental to the national security of the 
United States. In determining whether a country is added to or 
removed from the list of controlled countries, the President 
shall take into account— 
"(A) the extent to which the country's policies are adverse to 
the national security interests of the United States; 
"(B) the country's Communist or non-Communist status; 
"(C) the present and potential relationship of the country 
with the United States; 
"(D) the present and potential relationships of the country 
with countries friendly or hostile to the United States; 
"(E) the country's nuclear weapons capability and the coun-
try's compliance record with respect to multilateral nuclear 
weapons agreements to which the United States is a party; and 
"(F) such other factors as the President considers appropriate. 
Nothing in the preceding sentence shall be interpreted to limit the 
authority of the President provided in this Act to prohibit or curtail 
the export of any goods or technology to any country to which 
exports are controlled for national security purposes other than 
countries on the list of controlled countries specified in this 
paragraph.". 
(2) EXPORTS TO COCOM COUNTRIES.—Section 5(b) is amended by 
adding at the end the following: 
"(2) No authority or permission to export may be required under 
this section before goods or technology are exported in the case of 
exports to a country which maintains export controls on such goods 
or technology cooperatively with the United States pursuant to the 
agreement of the group known as the Coordinating Committee, if 
the goods or technology is at such a level of performance character-
istics that the export of the goods or technology to controlled 
countries requires only notification of the participating govern-
ments of the Coordinating Committee.". 
(3) TECHNICAL AMENDMENT.—Section 5(b)(1), £is amended by 
paragraph (1) of this subsection, is amended in the last sentence 
by striking out "specified in the preceding sentence" and insert-
ing in lieu thereof "set forth in this paragraph". 
(c) CONTROL LIST.— 
(1) ANNUAL REVIEW.—Section 5(c) is amended— 
(A) in paragraph (1) by striking out "commodity"; and 
(B) by amending paragraph (3) to read as follows: 
"(3) The Secretary shall review the list established pursuant to 
this subsection at least once each year in order to carry out the 
policy set forth in section 3(2)(A) of this Act and the provisions of 
this section, and shall promptly make such revisions of the list as 
may be necessary after each such review. Before beginning each 
annual review, the Secretary shall publish notice of that annual 
review in the Federal Register. The Secretary shall provide an 
opportunity during such review for comment and the submission of 
data, with or without oral presentation, by interested Government 
agencies and other affected or potentially affected parties. The 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 125 
Secretary shall publish in the Federal Register any revisions in the 
list, with an explanation of the reasons for the revisions. The Commerce and 
Secretary shall further assess, as part of such review, the availabil- trade. 
ity from sources outside the United States of goods and technology 
comparable to those subject to export controls imposed under this 
section.". 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
50 USC app. 
(1)(B) of this subsection shall take effect on October 1, 1985. 2404 note. 
(d) EXPORT LICENSES.—Section 5(e) is amended— 
50 use app. 
(1) in paragraph (1) by striking out "a qualified general 
2404. 
license in lieu of a validated license" and inserting in lieu 
thereof "the multiple validated export licenses described in 
section 4(a)(2) of this Act in lieu of individual validated li- Ante, p. 122. 
censes", and 
(2) by striking out paragraphs (3) and (4) and inserting in lieu 
thereof the following: 
"(3) The Secretary, subject to the provisions of subsection (1) of this 
section, shall not require an individual validated export license for 
replacement parts which are exported to replace on a one-for-one 
basis parts that were in a good that has been lawfully exported from 
the United States. 
"(4) The Secretary shall periodically review the procedures with 
respect to the multiple validated export licenses, taking appropriate 
action to increase their utilization by reducing qualification require-
ments or lowering minimum thresholds, to combine procedures 
which overlap, and to eliminate those procedures which appear to be 
of marginal utility. 
"(5) The export of goods subject to export controls under this 
section shall be eligible, at the discretion of the Secretary, for a 
distribution license and other licenses authorizing multiple exports 
of goods, in accordance with section 4(aX2) of this Act. The export of 
technology and related goods subject to export controls under this 
section shall be eligible for a comprehensive operations license in 
accordance with section 4(aX2XB) of this Act.". 
(e) INDEXING.—Section 5(g) is amended to read as follows: 
50 use app. 
"(g) INDEXING.—In order to ensure that requirements for vali- 2404. 
dated licenses and other licenses authorizing multiple exports are 
periodically removed as goods or technology subject to such require-
ments becomes obsolete with respect to the national security of the 
United States, regulations issued by the Secretary may, where 
appropriate, provide for annual increases in the performance levels 
of goods or technology subject to any such licensing requirement. 
The regulations issued by the Secretary shall establish as one 
criterion for the removal of goods or technology from such license 
requirements the anticipated needs of the military of controlled 
countries. Any such goods or technology which no longer meets the 
performance levels established by the regulations shall be removed 
from the list established pursuant to subsection (c) of this section 
unless, under such exceptions and under such procedures as the 
Secretary shall prescribe, any other department or agency of the 
United States objects to such removal and the Secretary determines, 
on the basis of such objection, that the goods or technology shall not 
be removed from the list. The Secretary shall also consider, where 
appropriate, removing site visitation requirements for goods and 
technology which are removed from the list unless objections de-
scribed in this subsection are raised.". 
(f) MULTILATERAL EXPORT CONTROLS.—Section 5(i) is amended— 
99 STAT. 126 
PUBLIC LAW 99-64—JULY 12, 1985 
International 
agreements. 
Penalties. 
50 u s e app. 
2404. 
(1) by striking out paragraph (3); 
(2) in paragraph (4)— 
(A) by striking out "(4)" and inserting in lieu thereof 
"(3)"; and 
(B) by striking out "pursuant to paragraph (3)" and 
inserting in lieu thereof "by the members of the Commit-
tee"; and 
(3) by adding at the end the following: 
"(4) Agreement to enhance full compliance by all parties with 
the export controls imposed by agreement of the Committee 
through the establishment of appropriate mechanisms. 
"(5) Agreement to improve the International Control List and 
minimize the approval of exceptions to that list, strengthen 
enforcement and cooperation in enforcement efforts, provide 
sufficient funding for the Committee, and improve the structure 
and function of the Secretariat of the Committee by upgrading 
professional staff, translation services, data base maintenance, 
communications, and facilities. 
"(6) Agreement to coordinate the systems of export control 
documents used by the participating governments in order to 
verify effectively the movement of goods or technology subject 
to controls by the Committee from the country of any such 
government to any other place. 
"(7) Agreement to establish uniform, adequate criminal and 
civil penalties to deter more effectively diversions of items 
controlled for export by agreement of the Committee. 
"(8) Agreement to increase on-site inspections by national 
enforcement authorities of the participating governments to 
ensure that end users who have imported items controlled for 
export by agreement of the Committee are using such items for 
the stated end uses, and that such items are, in fact, under the 
control of those end users. 
"(9) Agreement to strengthen the Committee so that it func-
tions effectively in controlling export trade in a manner that 
better protects the national security of each participant to the 
mutual benefit of all participants.". 
(g) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—Section 
5(j) is amended to read as follows: 
"(j) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—(1) Any 
United States firm, enterprise, or other nongovernmental entity 
which enters into an agreement with any agency of the government 
of a controlled country, that calls for the encouragement of tech-
nical cooperation and that is intended to result in the export from 
the United States to the other party of unpublished technical data of 
United States origin, shall report to the Secretary the agreement 
with such agency in sufficient detail. 
"(2) The provisions of paragraph (1) shall not apply to colleges, 
universities, or other educational institutions.". 
(h) 
NEGOTIATIONS WITH 
OTHER COUNTRIES.—Section 
5(k) 
is 
amended— 
(1) by inserting after "conducting negotiations with other 
countries" the following: ", including those countries not 
participating in the group known as the Coordinating Commit-
tee,"; and 
(2) by adding at the end the following: "In cases where such 
negotiations produce agreements on export restrictions com-
parable in practice to those maintained by the Coordinating 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 127 
Committee, the Secretary shall treat exports, whether by 
individual or multiple licenses, to countries party to such agree-
ments in the same manner as exports to members of the 
Coordinating Committee are treated, including the same 
manner as exports are treated under subsection (b)(2) of this 
section and section 10(o) of this Act.". 
Post, p. 143. 
(i) DIVERSION OF CONTROLLED GOODS OR TECHNOLOGY.—Section 5(1) 
ISoY^^ ^^^ 
is amended to read as follows: 
"(1) DIVERSION OF CONTROLLED GOODS OR TECHNOLOGY.—(1) When-
ever there is reliable evidence, as determined by the Secretary, that 
goods or technology which were exported subject to national secu-
rity controls under this section to a controlled country have been 
diverted to an unauthorized use or consignee in violation of the 
conditions of an export license, the Secretary for as long as that 
diversion continues— 
"(A) shall deny all further exports, to or by the party or 
parties responsible for that diversion or who conspired in that 
diversion, of any goods or technology subject to national secu-
rity controls under this section, regardless of whether such 
goods or technology are available from sources outside the 
United States; and 
"(B) may take such additional actions under this Act with 
respect to the party or parties referred to in subparagraph (A) 
as the Secretary determines are appropriate in the cir-
cumstances to deter the further unauthorized use of the pre-
viously exported goods or technology. 
"(2) As used in this subsection, the term 'unauthorized use' means 
the use of United States goods or technology in the design, produc-
tion, or maintenance of any item on the United States Munitions 
List, or the military use of any item on the International Control 
List of the Coordinating Committee.". 
(j) ADDITIONAL NATIONAL SECURITY PROVISIONS,—Section 5 is 
souscapp. 
amended by adding at the end the following new subsections: 
2404. 
"(m) GOODS CONTAINING MICROPROCESSORS.—Export controls may 
not be imposed under this section on a good solely on the basis that 
the 
good 
contains 
an embedded 
microprocessor, 
if 
such 
microprocessor cannot be used or altered to perform functions other 
than those it performs in the good in which it is embedded. An 
export control may be imposed under this section on a good contain-
ing an embedded microprocessor referred to in the preceding sen-
tence only on the basis that the functions of the good itself are such 
that the good, if exported, would make a significant contribution to 
the military potential of any other country or combination of coun-
tries which would prove detrimental to the national security of the 
United States. 
"(n) SECURITY MEASURES.—The Secretary and the Commissioner 
of Customs, consistent with their authorities under section 12(a) of Post, p. 148. 
this Act, and in consultation with the Director of the Federal 
Bureau of Investigation, shall provide advice and technical assist-
ance to persons engaged in the manufacture or handling of goods or 
technology subject to export controls under this section to develop 
security systems to prevent violations or evasions of those export 
controls. 
"(o) RECORDKEEPING.—The Secretary, the Secretary of Defense, 
and any other department or agency consulted in connection with a 
license application under this Act or a revision of a list of goods or 
technology subject to export controls under this Act, shall make and 
99 STAT. 128 
PUBLIC LAW 99-64—JULY 12, 1985 
Establishment. 
Report. 
keep records of their respective advice, recommendations, or deci-
sions in connection with any such license application or revision, 
including the factual and analjrtical basis of the advice, rec-
ommendations, or decisions. 
"(p) NATIONAL SECURITY CONTROL OFFICE.—TO assist in carrying 
out the policy and other authorities and responsibilities of the 
Secretary of Defense under this section, there is established in the 
Department of Defense a National Security Control Office under the 
direction of the Under Secretary of Defense for Policy. The Sec-
retary of Defense may delegate to that office such of those authori-
ties and responsibilities, together with such ancillary functions, aL' 
the Secretary of Defense considers appropriate. 
"(q) EXCLUSION FOR AGRICULTURAL COMMODITIES.—This section 
does not authorize export controls on Eigricultured commodities, 
including fats, oils, and animal hides and slans.". 
SEC. 106. MILITARILY CRITICAL TECHNOLOGIES, 
(a) Section 5(d) (50 U.S.C. App. 2404(d)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B) by striking out "and" after "test 
equipment,"; 
(B) by adding "and" at the end of subparagraph (C); 
(C) by inserting after subparagraph (C) the following: 
"(D) keystone equipment which would reveal or give insight 
into the design and manufacture of a United States military 
system,"; and 
(D) by striking out "countries to which exports an con-
trolled under this section" and inserting in lieu thereof the 
following: ", or available in fact from sources outside the 
United States to, controlled countries"; and 
(2) by striking out paragraphs (4) through (6) and inserting in 
lieu thereof the following: 
"(4) The Secretary and the Secretary of Defense shall integrate 
items on the list of militarily critical technologies into the control 
list in accordance with the requirements of subsection (c) of this 
section. The integration of items on the list of militarily critical 
technologies into the control list shall proceed with all deliberate 
speed. Any disagreement between the Secretary and the Secretary 
of Defense regarding the integration of an item on the list of 
militarily critical technologies into the control list shall be resolvec 
by the President. Except in the case of a good or technology for 
which a validated license may be required under subsection (fX4) or 
(hX6) of this section, a good or technology shall be included on the 
control list only if the Secretary finds that controlled countries do 
not possess that good or technology, or a functionally equivalent 
good or technology, and the good or technology or functionally 
equivalent good or technology is not available in fact to a controlled 
country from sources outside the United States in sufficient quan-
tity and of comparable quality so that the requirement of a vali-
dated license for the export of such good or technology is or would be 
ineffective in achieving the purpose set forth in subsection (a) of this 
section. The Secretary and the Secretary of Defense shall jointly 
submit a report to the Congress, not later than 1 year after the date 
of the enactment of the Export Administration Amendments Act of 
1985, on actions taiken to carry out this paragraph. For the pur;X)ses 
of this paragraph, assessment of whether a good or technology is 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 129 
functionally equivalent shall include consideration of the factors 
described in subsection (fK3) of this section. 
"(5) The Secretary of Defense shall establish a procedure for 
reviewing the goods and technology on the list of militarily critical 
technologies at least annually for the purpose of removing from the 
list of militarily critical technologies any goods or technology that 
are no longer militarily critical. TTie Secretary of Defense may add 
to the list of militarily critical technologies any good or technolo^ 
that the Secretary of Defense determines is militarily critical, 
consistent with the provisione of paragraph (2) of this subsection. If President of U.S. 
the Secretary and the Secretary of Defense disagree as to whether 
any change in the list of militarily critical technologies by the 
addition or removal of a good or technology should also be made in 
the control list, consistent with the provisions of the fourth sentence 
of paragraph (4) of this subsection, the President shall resolve the 
disagreement. 
"(6) The establishment of adequate export controls for militarily 
critical technology and keystone equipment shall be accompanied by 
suitable reductions in the controls on the products of that tech-
nology and equipment. 
"(7) The Secretary of Defense shall, not later than 1 year .ifter the Report. 
date of the enactment of the Export Administration Amendments 
Act of 1985, report to the Congress on efforts by the Department of 
Defense to assess the impact that the transfer of goods or technology 
on the list of militarily critical technologies to controlled countries 
has had or will have on the military capabilities of those countries.". 
SEC. 107. FOREIGN AVAILABILITY. 
(a) CONSULTATIONS ON FOREIGN AVAILABILITY.—Section 5(fKl) (50 
U.S.C. App. 2404(fXl)) is amended by inserting after "The Secretary, 
in consultation with" the following: "the Secretary of Defense and 
other". 
(b) DETERMINATIONS OF FOREIGN AVAILABILITY.—Section 5(fK3) is 
amended to read as follows: 
"(3) The Secretary shall make a foreign availability determination 
under paragraph (1) or (2) on the Secretary's own initiative or upon 
receipt of an allegation from an export license applicant that such 
availability exists. In making any such determination, the Secretary 
shall accept the representations of applicants made in writing and 
supported by reasonable evidence, unless such representations are 
contradicted by reliable evidence, including scientific or physical 
examination, expert opinion based upon adequate factual informa-
tion, or intelligence information. In making determinations of for-
e i ^ availability, the Secretary mav consider such factors as cost, 
reliability, the availability and reliability of spare parts and the cost 
and quality thereof, maintenance programs, durability, quality of 
end products produced by the item proposed for export, and scale of 
production. For purposes of this paragraph, 'evidence' may include 
such items as foreign manufacturers' catalogues, brochures, or oper-
ation or maintenance manuals, articles from reputable trade 
publications, photographs, and depositions based upon eyewitness 
accounts.". 
(c) NEGOTIATIONS ON FOREIGN AVAILABILITY.—Section 5(fK4) is 
amended by striking out the first sentence and inserting in lieu 
thereof the following: "In any case in which export controls are President of U.S. 
maintained under this section notwithstanding foreign availability, 
on account of a determination by the President that the absence of 
99 STAT. 130 
PUBLIC LAW 99-64—JULY 12, 1985 
the controls would prove detrimental to the national security of the 
United States, the President shall actively pursue negotiations with 
the governments of the appropriate foreign countries for the pur-
pose of eliminating such availability. If, within 6 months after the 
President's determination, the foreign availability has not been 
eliminated, the Secretary may not, after the end of that 6-month 
period, require a validated license for the export of the goods or 
technology involved. The President may extend the 6-month period 
described in the preceding sentence for an additional period of 12 
months if the President certifies to the Congress that the negotia-
tions involved are progressing and that the absence of the export 
control involved would prove detrimental to the national security of 
the United States.". 
(d) OFFICE OF FOREIGN AVAILABILITY.— 
50USCapp. 
(1) EsTABUSHMENT.—Section 5(fK5) is amended to read as 
2404. 
follows: 
"(5) The Secretary shall establish in the Department of Commerce 
an Office of Foreign Availability which, in the fiscal year 1985, shall 
be under the direction of the Assistant Secretary of Commerce for 
Trade Administration, and, in the fiscal year 1986 and thereafter, 
shall be under the direction of the Under Secretary of Commerce for 
Export Administration. The Office shall be responsible for gathering 
and analyzing all the necessary information in order for the Sec-
retary to make determinations of foreign availability under this Act. 
The Secretary shall make available to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate at the end of 
each 6-month period during a fiscsd year information on the oper-
ations of the Office, and on improvements in the Government's 
ability to assess foreign availability, during that 6-month period, 
including information on the training of personnel, the use of 
computers, and the use of Foreign Commercial Service officers. Such 
information shall also include a description of representative deter-
minations made under this Act during that 6-month period that 
foreign availability did or did not exist (as the case may be), together 
with an explanation of such determinations.". 
(2) CLERICAL AMENDMENT.—Section 5(f)(6) is amended by strik-
ing out "Office of Export Administration" and inserting in lieu 
thereof "Office of Foreign Availability". 
(e) 
REGULATIONS ON FOREIGN AVAILABIUTY.—Section 
5(f) 
is 
amended by adding at the end the following new paragraph: 
"(7) The Secretary shall issue regulations with respect to deter-
minations of foreign availability under this Act not later than 6 
months after the date of the enactment of the Export Administra-
tion Amendments Act of 1985.". 
/ 
(f) TECHNICAL ADVISORY COMMITTEES.— 
(1) MEMBERSHIP.—Section 5(h)(1) is amended by inserting 
", the intelligence community," after "Departments of Commerce, 
Defense, and State". 
(2) 
MATTERS ON WHICH COMMITTEES CONSULTED.—Section 
5(h)(2) is amended in the second sentence— 
(A) by striking out "and" at the end of clause (C); and 
(B) by inserting before the period at the end of the second 
sentence the following: ", and (E) any other questions relat-
ing to actions designed to carry out the policy set forth in 
souscapp. 
section3(2XA)of this Act.". 
2402. 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 131 
(3) FOREIGN AVAILABILITY CERTIFICATIONS.—Section 5(h)(6) is 
amended by striking out "and provides adequate documenta-
tion" and all that follows through the end of the paragraph and 
inserting in lieu thereof the following: "the technical advisory 
committee shall submit that certification to the Congress at the 
same time the certification is made to the Secretary, together 
with the documentation for the certification. The Secretary 
shall investigate the foreign availability so certified and, not 
later than 90 days after the certification is made, shall submit a 
report to the technical advisory committee and the Congiress 
stating that— 
"(A) the Secretary has removed the requirement of a vali-
dated license for the export of the goods or technology, on 
account of the foreign availability, 
"(B) the Secretary has recommended to the President that 
negotiations be conducted to eliminate the foreign availability, 
or 
"(C) the Secretary has determined on the basis of the inves-
tigation that the foreign availability does not exist. 
To the extent necessary, the report may be submitted on a classified 
basis. In any case in which the Secretary has recommended to the 
President that negotiations be conducted to eliminate the foreign 
availability, the President shall actively pursue such negotiations 
with the governments of the appropriate foreign countries. If, within 
6 months after the Secretary submits such report to the Congress, 
the foreign availability has not been eliminated, the Secretary may 
not, after the end of that 6-month period, require a validated license 
for the export of the goods or technology involved. The President 
may extend the 6-month period described in the preceding sentence 
for an additional period of 12 months if the President certifies to the 
Congress that the negotiations involved are progressing and that the 
absence of the export control involved would prove detrimental to 
the national security of the United States.". 
(i) STANDARD FOR FOREIGN AVAILABIUTY.—Subsections (fXD, (f)(2), 
and (h)(6) of section 5 are each amended by striking out "sufficient 
quality" and inserting in lieu thereof "comparable quality", 
(j) TECHNICAL AMENDMENTS.— 
(1) Subsection (fXl) of section 5 is amended in the second 
sentence by striking out "such destinations" and inserting in 
lieu thereof "controlled countries". 
(2) Subsections (f)(4) and (hX6) of section 5 are each amended 
by striking out "countries to which exports are controlled under 
this section" and 
inserting in lieu thereof 
"controlled 
countries". 
SEC. 108. FOREIGN POLICY CONTROLS. 
(a) AUTHORITY.—Section 6(a) (50 U.S.C. App. 2405(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking out "or (8)" and inserting in lieu thereof 
"(8), or (13)"; and 
(B) by inserting in the second sentence after "Secretarjr of 
State" the following: ", the Secretary of Defense, the J5ec-
retary of Agriculture, the Secretary of the Treasury, the 
United States Trade Representative, ; 
(2) by redesignating paragraphs (2) through (4) as paragraphs 
(3) through (5), respectively; 
50 u s e app. 
2404. 
Report. 
President of U.S. 
50 u s e app. 
2404. 
99 STAT. 132 
PUBLIC LAW 99-64—JULY 12, 1985 
(3) by inserting after paragraph (1) the following new 
paragraph: 
"(2) Any export control imposed under this section shall apply to 
any transaction or activity undertaken with the intent to evade that 
export control, even if that export control would not otherwise apply 
to that transaction or activity."; and 
(4) in paragraph (3), as redesignated by paragraph (2) of this 
subsection, by striking out "(e)" and inserting in lieu thereof 
"(f)". 
50 use app. 
(b) CRITERIA.—Section 6(b) is amended to read as follows: 
2405 
"(b) CRITERIA.—(1) Subject to paragraph (2) of this subsection, the 
President of U.S. president may impose, extend, or expand export controls under this 
section only if the President determines that— 
"(A) such controls are likely to achieve the intended foreign 
policy purpose, in light of other factors, including the availabil-
ity from other countries of the goods or technology proposed for 
such controls, and that foreign policy purpose cannot be 
achieved through negotiations or other alternative means; 
"(B) the proposed controls are compatible with the foreign 
policy objectives of the United States and with overall United 
States policy toward the country to which exports are to be 
subject to the proposed controls; 
"(C) the reaction of other countries to the imposition, exten-
sion, or expansion of such export controls by the United States 
is not likely to render the controls ineffective in achieving the 
intended foreign policy purpose or to be counterproductive to 
United States foreign policy interests; 
"(D) the effect of the proposed controls on the export perform-
ance of the United States, the competitive position of the United 
States in the international economy, the international reputa-
tion of the United States as a supplier of goods and technology, 
or on the economic well-being of individual United States 
companies and their employees and communities does not 
exceed the benefit to United States foreign policy objectives; and 
"(E) the United States has the ability to enforce the proposed 
controls effectively. 
"(2) With respect to those export controls in effect under this 
section on the date of the enactment of the Export Administration 
Amendments Act of 1985, the President, in determining whether to 
extend those controls, as required by subsection (aX3) of this section, 
shall consider the criteria set forth in paragraph (1) of this subsec-
tion and shall consider the foreign policy consequences of modifying 
the export controls.". 
(c) CONSULTATION WITH INDUSTRY.—Section 6(c) is amended to 
read as follows: 
"(c) CONSULTATION WITH INDUSTRY.—The Secretary in every pos-
sible instance shall consult with and seek advice from affected 
United States industries emd appropriate advisory committees estab-
19 use 2155. 
lished under section 135 of the Trade Act of 1974 before imposing 
any export control under this section. Such consultation and advice 
shall be with respect to the criteria set forth in subsection (bXD and 
such other matters as the Secretary considers appropriate.". 
50 use app. 
(d) 
CONSULTATION 
WITH 
OTHER 
COUNTRIES.—Section 
6 
is 
2405. 
amended— 
(1) by redesignating subsections (d) through (k) as subsections 
(e) through (1), respectively; and 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 133 
(2) by inserting after subsection (c) the following new 
subsection: 
"(d) CONSULTATION WITH OTHER COUNTRIES.—When imposing President of U.S. 
export controls under this section, the President shall, at the earli-
est appropriate opportunity, consult with the countries with which 
the United States maintains export controls cooperatively, and with 
such other countries as the President considers appropriate, with 
respect to the criteria set forth in subsection (b)(1) and such other 
matters as the President considers appropriate.". 
(e) CONSULTATION WITH THE CONGRESS.—Section 6(f), as redesig- Ante, p. 132. 
nated by subsection (d) of this section, is amended to read as follows: 
"(f) CONSULTATION WITH THE CONGRESS.—(1) The President may 
President of U.S. 
impose or expand export controls under this section, or extend such 
controls as required by subsection (a)(3) of this section, only after 
consultation with the Congress, including the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate. 
"(2) The President may not impose, expand, or extend export 
President of U.S. 
controls under this section until the President has submitted to the Report. 
Congress a report— 
"(A) specifying the purpose of the controls; 
"(B) specifying the determinations of the President (or, in the 
case of those export controls described in subsection (b)(2), the 
considerations of the President) with respect to each of the 
criteria set forth in subsection (bXD, the bases for such deter-
minations (or considerations), and any possible adverse foreign 
policy consequences of the controls; 
"(C) describing the nature, the subjects, and the results of, or 
the plans for, the consultation with industry pursuant to subsec-
tion (c) and with other countries pursuant to subsection (d); 
"(D) specifying the nature and results of any alternative 
means attempted under subsection (e), or the reasons for impos-
ing, expanding, or extending the controls without attempting 
any such alternative means; and 
"(E) describing the availability from other countries of goods 
or technology comparable to the goods or technology subject to 
the proposed export controls, and describing the nature eind 
results of the efforts made pursuant to subsection (h) to secure 
the cooperation of foreign governments in controlling the for-
eign availability of such comparable goods or technology. 
Such report shall also indicate how such controls will further signifi-
cantly the foreign policy of the United States or will further its 
declared international obligations. 
"(3) To the extent necessary to further the effectiveness of the Report. 
export controls, portions of a report required by paragraph (2) may 
be submitted to the Congress on a classified basis, and shall be 
subject to the provisions of section 12(c) of this Act. Each such report 
Post, p. 150. 
shall, at the same time it is submitted to the Congress, also be 
submitted to the General Accounting Office for the purpose of 
assessing the report's full compliance with the intent of this 
subsection. 
"(4) In the case of export controls under this section which pro- Report. 
hibit or curtail the export of any agricultural commodity, a report 
submitted pursuant to paragraph (2) shall be deemed to be the 
report required by section 7(gX3)(A) of this Act. 
Post, p. 140. 
"(5) In addition to any written report required under this section, Report. 
the Secretary, not less frequently than annually, shall present in 
99 STAT. 134 
PUBLIC LAW 99-64—JULY 12, 1985 
oral testimony before the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on Foreign Affairs 
of the House of Representatives a report on policies and actions 
taken by the Government to carry out the provisions of this 
section.". 
(f) EXCLUSION OF CERTAIN ITEMS FROM FOREIGN POLICY CON-
Ante, p. 132. 
TROLS.—Section 6(g), as redesignated by subsection (d) of this section, 
is amended— 
(1) by inserting after the first sentence the following: "This 
section also does not authorize export controls on donations of 
goods (including, but not limited to, food, educational materials, 
seeds and hand tools, medicines and medical supplies, water 
resources equipment, clothing and shelter materials, and basic 
household supplies) that are intended to meet basic human 
needs."; and 
(2) by striking out the last sentence and inserting in lieu 
thereof the following: "This subsection shall not apply to any 
export control on medicine, medical supplies, or food, except for 
donations, which is in effect on the date of the enactment of the 
Export Administration Amendments Act of 1985. Notwithstand-
ing the preceding provisions of this subsection, the President 
may impose export controls under this section on medicine, 
medical supplies, food, and donations of goods in order to carry 
Ante, p. 121. 
out the policy set forth in paragraph (13) of section 3 of this 
Act.". 
(g) FOREIGN AVAILABILITY.— 
Ante, p. 132. 
(1) IN GENERAL.—Scction 6(h), as redesignated by subsection 
(d) of this section, is amended— 
(A) by inserting "(1)" immediately before the first sen-
tence; and 
(B) by adding at the end the following: 
President of U.S. 
"(2) Before extending any export control pursuant to subsection 
(a)(3) of this section, the President shall evaluate the results of his 
actions under paragraph (1) of this subsection and shall include the 
results of that evaluation in his report to the Congress pursuant to 
subsection (f) of this section. 
"(3) If, within 6 months after the date on which export controls 
under this section are imposed or expanded, or within 6 months 
after the date of the enactment of the Export Administration 
Amendments Act of 1985 in the case of export controls in effect on 
such date of enactment, the President's efforts under paragraph (1) 
are not successful in securing the cooperation of foreign govern-
ments described in paragraph (1) with respect to those export con-
trols, the Secretary shall thereafter take into account the foreign 
availability of the goods or technology subject to the export controls. 
If the Secretary affirmatively determines that a good or technology 
subject to the export controls is available in sufficient quantity and 
comparable quality from sources outside the United States to coun-
tries subject to the export controls so that denial of an export license 
would be ineffective in achieving the purposes of the controls, then 
the Secretary shall, during the period of such foreign availability, 
approve any license application which is required for the export of 
the good or technology and which meets all requirements for such a 
license. The Secretary shall remove the good or technology from the 
list established pursuant to subsection (1) of this section if the 
Secretary determines that such action is appropriate. 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 135 
"(4) In making a determination of foreign availability under 
paragraph (3) of this subsection, the Secretary shall follow the 
procedures set forth in section 5(fK3) of this Act.". 
Ante, p. 129. 
(2) AMENDMENTS NOT APPUCABLE TO CERTAIN EXISTING CON- 
50 use app. 2405 
TROLS.—The amendments made by paragraph (1) of this subsec- 
"° 
tion shall not apply to export controls in effect under subsection 
(i), (j)» or (k) of section 6 of the Export Administration Act of 
1979 (as redesignated by subsection (d) of this section) imme- 
Ante, p. 132. 
diately before the date of the enactment of this Act, or to export 
controls made effective by subsection (iX2) of this section or by 
section 6(n) of the Export Administration Act of 1979 (as added 
Post, p. 136. 
by subsection (IXD of this section), 
(h) INTERNATIONAL OBUGATIONS.—Section 6(i), as redesignated by 
Ante, p. 132. 
subsection (d) of this section, is amended by striMng out "(0, and (g) 
and inserting in lieu thereof "(e), (g), and (h)". 
(i) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—Section 
6(j), as redesignated by subsection (d) of this section, is amended to 
read as follows: 
"(j) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—(1) 
The 
Secretary and the Secretary of State shall notify the Committee on 
Foreign Affairs of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs and the Committee on 
Foreign Relations of the Senate at least 30 days before any license is 
approved for the export of goods or technology valued at more than 
$7,000,000 to any country concerning which the Secretary of State 
has made the following determinations: 
"(A) Such country has repeatedly provided support for acts of 
international terrorism. 
"(B) Such exports would make a significant contribution to 
the military potential of such country, including its military 
logistics capability, or would enhance the ability of such country 
to support acts of international terrorism. 
"(2) Any determination which has been made with respect to a President of U.S. 
country under paragraph (1) of this subsection may not be rescinded Report-
unless the President, at least 30 days before the proposed rescission 
would take effect, submits to the Congress a report justifying the 
rescission and certifjdng that— 
"(A) the country concerned has not provided support for 
international terrorism, including support or sanctuary for any 
major terrorist or terrorist group in its territory, during the 
preceding 6-month period; and 
"(B) the country concerned has provided assurances that it 
will not support acts of international terrorism in the future.". 
0') CRIME CONTROL INSTRUMENTS.— 
(1) CONCURRENCE OF SECRETARY OF STATE.—Section 6(kXl), as 
redesignated by subsection (d) of this section, is amended by 
adding at the end the following new sentence: "Notwithstand-
ing any other provision of this Act— 
(A) any determination of the Secretary of what goods or 
technology shall be included on the list established pursuant to 
subsection (1) of this section as a result of the export restrictions 
imposed by this subsection shall be made with the concurrence 
of the Secretary of State, and 
"(B) any determination of the Secretary to approve or deny an 
export license application to export crime control or detection 
instruments or equipment shall be made in concurrence with 
the recommendations of the Secretary of State submitted to the 
99 STAT. 136 
PUBLIC LAW 99-64—JULY 12, 1985 
Post, p. 142. 
50 u s e app. 2405 
note. 
Ante, p. 132. 
South Africa. 
Effective date. 
Secretary with respect to the appHcation pursuant to section 
10(e) of this Act, 
except that, if the Secretary does not agree with the Secretary of 
State with respect to any determination under subparagraph (A) or 
(B), the matter shall be referred to the President for resolution.". 
(2) APPUCABILITY OF AMENDMENT.—The amendment made by 
paragraph (1) of this subsection shall apply to determinations of 
the Secretary of Commerce which are made on or after the date 
of the enactment of this Act. 
(k) CONTROL LIST.—Section 6(1), as redesignated by subsection (d) 
of this section, is amended— 
(1) in the first sentence by striking out "commodity"; and 
(2) by amending the second sentence to read as follows: "The 
Secretary shall clearly identify on the control list which goods 
or technology, and which countries or destinations, are subject 
to which types of controls under this section.". 
(1) ADDITIONAL PROVISIONS ON FOREIGN POUCY CONTROLS.— 
(1) CONTRACT SANCTITY, EXTENSION OF CERTAIN CONTROLS, AND 
EXPANDED AUTHORITY.—Section 6 is amended by adding at the 
end the following: 
"(m) EFFECT ON EXISTING CONTRACTS AND LICENSES.—The Presi-
dent may not, under this section, prohibit or curtail the export or 
reexport of goods, technology, or other information— 
"(1) in performance of a contract or agreement entered into 
before the date on which the President reports to the Congress, 
pursuant to subsection (f) of this section, his intention to impose 
controls on the export or reexport of such goods, technology, or 
other information, or 
"(2) under a validated license or other authorization issued 
under this Act, 
unless and until the President determines and certifies to the 
Congress that— 
"(A) a breach of the peace poses a serious and direct threat to 
the strategic interest of the United States, 
"(B) the prohibition or curtailment of such contracts, agree-
ments, licenses, or authorizations will be instrumental in rem-
edving the situation posing the direct threat, and 
(C) the export controls will continue only so long as the 
direct threat persists, 
"(n) EXTENSION OF CERTAIN CONTROLS.—Those export controls 
imposed under this section with respect to South Africa which were 
in effect on February 28,1982, and ceased to be effective on March 1, 
1982, September 15,1982, or January 20,1983, shall become effective 
on the date of the enactment of this subsection, and shall remain in 
effect until 1 year after such date of enactment. At the end of that 1-
year period, any of those controls made effective by this subsection 
may be extended by the President in accordance with subsections (b) 
and (f) of this section. 
"(o) EXPANDED AUTHORITY TO IMPOSE CONTROLS.—(1) In any case in 
which the President determines that it is necessary to impose 
controls under this section without any limitation contained in 
subsection (c), (d), (e), (g), (h), or (m) of this section, the President may 
impose those controls only if the President submits that determina-
tion to the Congress, together with a report pursuant to subsection 
(f) of this section with respect to the proposed controls, and only if a 
law is enacted authorizing the imposition of those controls. If a joint 
resolution authorizing the imposition of those controls is introduced 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 137 
in either House of Congress within 30 days after the Congress 
receives the determination and report of the President, that joint 
resolution shall be referred to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and to the appropriate committee 
of the House of Representatives. If either such committee has not 
reported the joint resolution at the end of 30 days after its referral, 
the committee shall be discharged from further consideration of the 
joint resolution. 
"(2) For purposes of this subsection, the term 'joint resolution' 
means a joint resolution the matter after the resolving clause of 
which is as follows: 'That the Congress, having received on 
a determination of the President under section 6(oXl) of 
the Export Administration Act of 1979 with respect to the expart Ante, p. 136. 
controls which are set forth in the report submitted to the Congress 
with that determination, authorizes the President to impose those 
export controls.', with the date of the receipt of the determination 
and report inserted in the blank. 
"(3) In the computation of the periods of 30 days referred to in 
paragraph (1), 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.". 
(2) APPUCABIUTY OF AMENDMENTS.—Subsections (m) and (o) of 50 use app. 2405 
section 6 of the Export Administration Act of 1979, as added by ^ot^. 
paragraph (1) of this subsection, shall not apply to export 
controls in effect immediately before the date of the enactment 
of this Act, or to export controls made effective by subsection 
(i)(2) of this section or by section 6(n) of the Export Administra-
tion Act of 1979 (as added by paragraph (1) of this subsection). 
SEC. 109. PETITIONS FOR MONITORING OR SHORT SUPPLY CONTROLS. 
Section 7(c) (50 U.S.C. App. 2406(c)) is amended to read as follov^rs: 
"(c) PETITIONS FOR MONITORING OR CONTROLS.—(IXA) 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 recycled may transmit a written petition to the 
Secretary 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 3(2XC) of this Act. 50 use app. 
"(B) Each petition shall be in such form as the Secretary shall 2402. 
prescribe and shall contain information 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 (3XA) of this subsection is satisfied. 
"(2) Within 15 days after receipt of any petition described in Federal 
paragraph (1), the Secretary shall publish a notice in the Federal Register, 
Register. The notice shall— 
publication. 
"(A) include the name of the material that is the subject of 
the petition, 
"(B) include the Schedule B number of the material as set 
forth in the Statistical Classification of Domestic and Foreijjn 
Commodities Exported from the United States, 
"(C) indicate whether the petitioner is requesting that con-
trols or monitoring, or both, be imposed with respect to the 
exportation of such material, and 
99 STAT. 138 
PUBLIC LAW 99-64—JULY 12, 1985 
50 u s e app. 
2402. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
"(D) provide that interested persons shall have a period of 30 
days beginning on the date of publication of such notice to 
submit to the Secretary written data, views or arguments, with 
or without opportunity for oral presentation, with respect to the 
matter involved. 
At the request of the petitioner or any other entity described in 
paragraph (IXA) with respect to the material that is the subject of 
the petition, or at the request of any entity representative of produc-
ers or exporters of such material, the Secretary shall conduct public 
hearings with respect to the subject of the petition, in which case 
the 30-day period may be extended to 45 days. 
"(3)(A) Within 45 days after the end of the 30- or 45-day period 
described in paragraph (2), as the case may be, the Secretary shall 
determine whether to impose monitoring or controls, or both, on the 
export of the material that is the subject of the petition, in order to 
carry out the policy set forth in section 3(2)(C) of this Act. In making 
such determination, the Secretary shall determine whether— 
"(i) there has been a significant increase, in relation to a 
specific period of time, in exports of such material in relation to 
domestic supply and demand; 
"(ii) there has been a significant increase in the domestic 
price of such material or a domestic shortage of such material 
relative to demand; 
"(iii) exports of such material are as important as any other 
cause of a domestic price increase or shortage relative to 
demand found under clause (ii); 
"(iv) a domestic price increase or shortage relative to demand 
found under clause (ii) has significantly adversely affected or 
may significantly adversely affect the national economy or any 
sector thereof, including a domestic industry; and 
"(v) monitoring or controls, or both, are necessary in order to 
carry out the policy set forth in section 3(2)(C) of this Act. 
"(B) The Secretary shall publish in the Federal Register a detailed 
statement of the reasons for the Secretary's determination pursuant 
to subparagraph (A) of whether to impose monitoring or controls, or 
both, including the findings of fact in support of that determination. 
"(4) Within 15 days after making a determination under para-
graph (3) to impose monitoring or controls on the export of a 
material, the Secretary shall publish in the Federal Register pro-
posed regulations with respect to such monitoring or controls. 
Within 30 days after the publication of such proposed regulations, 
and after considering any public comments on the proposed regula-
tions, the Secretary shall publish and implement final regulations 
with respect to such monitoring or controls. 
"(5) For purposes of publishing notices in the Federal Register and 
scheduling public hearings pursuant to this subsection, the Sec-
retary may consolidate petitions, and responses to such petitions, 
which involve the same or related materials. 
"(6) If a petition with respect to a particular material or group of 
materials has been considered in accordance with all the procedures 
prescribed in this subsection, the Secretary may determine, in the 
absence of significantly changed circumstances, that any other peti-
tion 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. 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 139 
"(7) The procedures and time limits set forth in this subsection 
with respect to a petition filed under this subsection shall take 
precedence over any review undertaken at the initiative of the 
Secretary with respect to the same subject as that of the petition. 
"(8) The Secretary may impose monitoring or controls, on a 
temporary basis, on the export of a metallic material after a petition 
is filed under paragraph (IXA) with respect to that material but 
before the Secretary makes a determination under paragraph (3) 
with respect to that material only if— 
"(A) the failure to take such temporary action would result in 
irreparable harm to the entity filing the petition, or to the 
national economy or segment thereof, including a domestic 
industry, and 
"(B) the Secretary considers such action to be necessary to 
carry out the policy set forth in section 3(2)(C) of this Act. 50 use app. 
"(9) The authority under this subsection shall not be construed to 2402. 
affect the authority of the Secretary under any other provision of 
this Act, except that if the Secretary determines, on the Secretarj/^'s 
own initiative, to impose monitoring or controls, or both, on the 
export of metallic materials capable of being recycled, under the 
authority of this section, the Secretary shall publish the reasons for 
such action in accordance with paragraph (3) (A) and (B) of this 
subsection. 
"(10) Nothing contained in this subsection shall be construed to 
preclude submission on a confidential basis to the Secretary of 
information relevant to a decision to impose or remove monitoring 
or controls under the authority of this Act, or to preclude consider-
ation of such information by the Secretary in reaching decisions 
required under this subsection. The provisions of this paragraph 
shall not be construed to affect the applicability of section 552(b) of 
title 5, United States Code.". 
SEC. 110. SHORT SUPPLY CONTROLS. 
(a) DOMESTICALLY PRODUCED CRUDE OIL.—Section 7(d) (50 U.S.C. 
App. 2406(d)) is amended— 
(1) in paragraph (1) by striking out "unless" and all that 
follows through "met" and inserting in lieu thereof "subject to 
paragraph (2) of this subsection"; 
(2) in paragraph (2XA) by striking out "makes and publishes" 
and inserting in lieu thereof "so recommends to the Congress 
after making and publishing"; 
(3) in paragraph (2)(B)— 
(A) by striking out "reports such findings" and inserting 
in lieu thereof "includes such findings in his recommenda-
tion"; and 
(B) by striking out "thereafter" and all that follows 
through the end of the sentence and inserting in lieu 
thereof "after receiving that recommendation, agrees to a 
joint resolution which approves such exports on the basis of 
those findings, and which is thereafter enacted into law."; 
and 
(4) by adding at the end the following: 
"(4) Notwithstanding the provisions of section 20 of this Act, the Post, p. 155. 
provisions of this subsection shall expire on September 30, 1990.". 
(b) REFINED PETROLEUM PRODUCTS.—Section 7(e)(1) is amended in 
the first sentence by striking out "No" and inserting in lieu thereof 
the following: "In any case in which the President determines that 
51-194 O - 88 - 6 : QL. 3 
Part 1 
99 STAT. 140 
PUBLIC LAW 99-64—JULY 12, 1985 
it is necessary to impose export controls on refined petroleum 
products in order to carry out the policy set forth in section 3(2XC) of 
50 use app. 
this Act, the President shall notify the Congress of that determina-
2402. 
tion. The President shall also notify the Congress if and when he 
determines that such export controls are no longer necessary. 
During any period in which a determination that such export 
controls are necessary is in effect, no". 
50 use app. 
(c) UNPROCESSED RED CEDAR.—Section 7(i) is amended— 
2406. 
(1) in the last sentence of paragraph (1) by inserting "har-
vested from State or Federal lands 
after "red cedar logs"; 
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs 
(3), (4), and (5), respectively; 
(3) by inserting after paragraph (1) the following new 
paragraph: 
"(2) To the maximum extent practicable, the Secretary shall 
utilize the multiple validated export licenses described in section 
Ante, p. 122. 
4(aX2) of this Act in lieu of validated licenses for exports under this 
subsection."; and 
(4) by amending paragraph (5XA), as redesignated by para-
graph (2) of this subsection, to read as follows: 
"(A) lumber of American Lumber Standards Grades of 
Number 3 dimension or better, or Pacific Lumber Inspection 
Bureau Export R-List Grades of Number 3 common or better;", 
(d) AGRICULTURAL COMMODITIES.—Section 7(gX3) is amended to 
read as follows: 
President of U.S. 
"(3XA) If the President imposes export controls on any agricul-
Report. 
tural commodity in order to carry out the policy set forth in 
paragraph (2XB), (2XC), (7), or (8) of section 3 of this Act, the 
President shall immediately transmit a report on such action to the 
Congress, setting forth the reasons for the controls in detail and 
specifying the period of time, which may not exceed 1 year, that the 
Congress. 
Controls are proposed to be in effect. If the Congress, within 60 days 
after the date of its receipt of the report, adopts a joint resolution 
pursuant to paragraph (4) approving the imposition of the export 
controls, then such controls shall remain in effect for the period 
specified in the report, or until terminated by the President, which-
ever occurs first. If the Congress, within 60 days after the date of its 
receipt of such report, fails to adopt a joint resolution approving 
such controls, then such controls shall cease to be effective upon the 
expiration of that 60-day period. 
(B) The provisions of subparagraph (A) and paragraph (4) shall 
not apply to export controls— 
"(i) which are extended under this Act if the controls, when 
imposed, were approved by the Congress under subparagraph 
(A) and paragraph (4); or 
"(ii) which are imposed with respect to a country as part of 
the prohibition or curtailment of all exports to that country. 
"(4XA) For purposes of this paragraph, the term 'joint resolution' 
means only a joint resolution the matter after the resolving clause 
of which is as follows: 'That, pursuant to section 7(gX3) of the Export 
Administration Act of 1979, the President may impose export con-
trols as specified in the report submitted to the Congress on 
.', with the blank space being filled with the appro-
priate date. 
"(B) On the day on which a report is submitted to the House of 
Representatives and the Senate under paragraph (3), a joint resolu-
tion with respect to the export controls specified in such report shsdl 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 141 
be introduced (by request) in the House by the chairman of the 
Committee on Foreign Affairs, for himself and the ranking minority 
member of the Committee, or by Members of the House designated 
by the chairman and ranking minority member; and shall be intro-
duced (by request) in the Senate by the majority leader of the 
Senate, for himself and the minority leader of the Senate, or by 
Members of the Senate designated by the majority leader and 
minority leader of the Senate. If either House is not in session on 
the day on which such a report is submitted, the joint resolution 
shall be introduced in that House, as provided in the preceding 
sentence, on the first day thereafter on which that House is in 
session. 
"(C) All joint resolutions introduced in the House of Representa-
tives shall be referred to the appropriate committee and all joint 
resolutions introduced in the Senate shall be referred to the 
Committee on Banking, Housing, and Urban Affairs. 
"(D) If the committee of either House to which a joint resolution 
has been referred has not reported the joint resolution at the end of 
30 days after its referral, the committee shall be discharged from 
further consideration of the joint resolution or of any other joint 
resolution introduced with respect to the same matter. 
"(E) A joint resolution under this paragraph shall be considered in 
the Senate in accordance with the provisions of section 601(bX4) of 
the International Security Assistance and Arms Export Control Act 
of 1976. For the purpose of expediting the consideration and peisssige 
of joint resolutions reported or discharged pursuant to the provi-
sions of this paragraph, it shall be in order for the Committee on 
Rules of the House of Representatives to present for consideration a 
resolution of the House of Representatives providing procedures for 
the immediate consideration of a joint resolution under this para-
graph which may be similar, if applicable, to the procedures set 
forth in section 601(bX4) of the International Security Assistance 
and Arms Export Control Act of 1976. 
"(F) In the case of a joint resolution described in subparagraph 
(A), if, before the psissage by one House of a joint resolution of that 
House, that House receives a resolution with respect to the same 
matter from the other House, then— 
"(i) the procedure in that House shall be the same as if no 
joint resolution had been received from the other House; but 
"(ii) the vote on final passage shall be on the joint resolution 
of the other House. 
"(5) In the computation of the period of 60 days referred to in 
paragraph (3) and the period of S
O days referred to in subpareigraph 
(D) of paragraph (4), there shall be excluded the days on which 
either House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain or because of jan 
adjournment of the Congress sine die.". 
(e) CONTRACT SANCTITY.—Section 7 is amended by striking out 
subsection (j) and inserting in lieu thereof the following: 
"(j) EFFECT OF CONTROLS ON EXISTING CONTRACTS.—The export 
restrictions contained in subsection (i) of this section and any export 
controls imposed under this section shall not affect any contract to 
harvest unprocessed western red cedar from State lands which was 
entered into before October 1, 1979, and the performance of which 
would make the red cedar available for export. Any export controls 
imposed under this section on any agricultured commodity (includ-
ing fats, oils, and animal hides and skins) or on any forest product or 
90 Stat. 765. 
50 u s e app. 
2406. 
Forests and 
forest products. 
Agriculture and 
agricultural 
commodities. 
Fish and fishing. 
99 STAT. 142 
PUBLIC LAW 99-64—JULY 12, 1985 
fishery product, shall not affect any contract to export entered into 
before the date on which such controls are imposed. For purposes of 
this subsection, the term 'contract to export' includes, but is not 
limited to, an export sales agreement and an agreement to invest in 
an enterprise which involves the export of goods or technology.". 
SEC. 111. LICENSING PROCEDURES. 
(a) REDUCTION OF PROCESSING TIME.—Section 10 (50 U.S.C. App. 
2409) is amended— 
(1) by striking out "60" each place it appears and inserting in 
lieu thereof "40"; 
(2) by striking out "90" each place it appears and inserting in 
lieu thereof "60"; and 
(3) by striking out "30" each place it appears and inserting in 
lieu thereof "20". 
(b) 
AMENDMENTS 
WITH 
REGARD 
TO 
EXPORTS 
TO 
C O C O M 
COUNTRIES.— 
(1) ACTION ON APPUCATIONS NOT REFERRED TO OTHER DEPART-
MENTS OR AGENCIES.—Section 10(c) is amended by striking out 
"In each case" and inserting in lieu thereof "Except as provided 
in subsection (o), in each case". 
(2) REFERRALS TO OTHER DEPARTMENTS AND AGENCIES.—Section 
10(d) is amended— 
(A) by striking out "In each case" and inserting in lieu 
thereof "Except in the case of exports described in subsec-
tion (o), in each case"; and 
(B) by adding at the end the following: 
"Notwithstanding the 10-day period set forth in subsection QaX 
in the case of exports described in subsection (o), in each case in 
which the Secretary determines that it is necessary to refer an 
application to any other department or agency for its informa-
tion and recommendations, the Secretary shall, immediately 
upon receipt of the properly completed application, refer the 
application to such department or agency for its review. Such 
review shall be concurrent with that of the Department of 
Commerce.". 
(3) ACTION BY OTHER DEPARTMENTS AND AGENCIES.—Section 
10(e) is amended— 
(A) in paragraph (1) by striking out the first sentence and 
inserting in lieu thereof the following: "Any department or 
agency to which an application is referred pursuant to 
subsection (d) shall submit to the Secretary the information 
or recommendations requested with respect to the applica-
tion. The information or recommendations shall be sub-
mitted within 20 days after the department or agency 
receives the application or, in the case of exports described 
in subsection (o), before the expiration of the time periods 
permitted by that subsection."; and 
(B) in paragraph (2)— 
(i) by striking out "If the head" and inserting in lieu 
thereof "(A) Except in the case of exports described in 
subsection (o), if the head", and 
(ii) by adding at the end the following: 
"(B) In the case of exports described in subsection (o), if the head 
of any such department or agency notifies the Secretary, before the 
expiration of the 15-day period provided in subsection (oXD, that 
more time is required for review by such department or agency, the 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 143 
Secretary shall notify the applicant, pursuant to subsection (oXlXC), 
that additional time is required to consider the application, and such 
department or agency shall have additional time to consider the 
application within the limits permitted by subsection (oX2). If such 
department or agency does not submit its recommendations within 
the time periods permitted under subsection (o), it shall be deemed 
by the Secretary to have no objection to the approval of such 
application.". 
(4) ACTION BY THE SECRETARY.—Section 10(f) is amended in 
50 use app. 
paragraphs (1) and (4) by adding at the end of each such 
2409. 
paragraph the following: "The provisions of this paragraph 
shall not apply in the case of exports described in subsection 
(o).". 
(c) RIGHT OF APPLICANT TO RESPOND TO NEGATIVE RECOMMENDA-
TIONS.—Section 10(fK2) is amended— 
(1) by inserting "in writing" after "inform the applicant"; and 
(2) by striking out ", and shall accord" and all that follows 
through the end of the paragraph and inserting in lieu thereof 
the following: ". Before a final determination with respect to the 
application is made, the applicant shall be entitled— 
(A) to respond in writing to such questions, considerations, 
or recommendations within 30 days after receipt of such 
information from the Secretary; and 
"(B) upon the filing of a written request with the Secretary 
within 15 days after the receipt of such information, to respond 
in person to the department or agency raising such questions, 
considerations, or recommendations. 
The provisions of this paragraph shall not apply in the case of 
exports described in subsection (o).". 
(d) RIGHTS OF APPUCANT WITH RESPECT TO PROPOSED DENIAL.— 
Section 10(fX3) is amended by striking out the first sentence and 
inserting in lieu thereof the following: In cases where the Secretary 
has determined that an application should be denied, the applicant 
shall be informed in writing, within 5 days after such determination 
is made, of— 
"(A) the determination, 
"(B) the statutory basis for the proposed denial, 
"(C) the policies set forth in section 3 of this Act which would 
50 use app. 
be furthered by the proposed denial, 
2402. 
"(D) what if any modifications in or restrictions on the goods 
or technology for which the license was sought would allow such 
export to be compatible with export controls imposed under this 
Act, 
"(E) which officers and employees of the Department of Com-
merce who are familiar with the application will be made 
reasonably available to the applicant for considerations with 
regard to such modifications or restrictions, if appropriate, 
'(F) to the extent consistent with the national security and 
foreign policy of the United States, the specific considerations 
which led to the determination to deny the application, and 
"(G) the availability of appeal procedures. 
The Secretary shall allow the applicant at least 30 days to respond 
to the Secretary's determination before the license application is 
denied.". 
(e) ADDITIONAL PROVISIONS.—Section 10 is amended— 
(1) in the section heading by adding "; OTHER INQUIRIES" after 
"APPUCATIONS"; and 
99 STAT. 144 
PUBLIC LAW 99-64—JULY 12, 1985 
(2) by adding at the end the following new subsections: 
"(k) CHANGES IN REQUIREMENTS FOR APPUCATIONS.—Except as 
provided in subsection (bX3) of this section, in any case in which, 
after a license application is submitted, the Secretary changes the 
requirements for such a license application, the Secretary may 
request appropriate additional information of the applicant, but the 
Secretary may not return the application to the applicant without 
action because it fails to meet the changed requirements. 
"(1) OTHER INQUIRIES.—(1) In any case in which the Secretary 
receives a written request asking for the proper classification of a 
good or technology on the control list, the Secretary shall, within 10 
working days after receipt of the request, inform the person making 
the request of the proper classification. 
"(2) In any case in which the Secretary receives a written request 
for information about the applicability of export license require-
ments under this Act to a proposed export transaction or series of 
transactions, the Secretary shall, within 30 days after receipt of the 
request, reply with that information to the person making the 
request. 
Business and 
"(m) SMALL BUSINESS ASSISTANCE.—Not later than 120 days after 
industry. 
the date of the enactment of this subsection, the Secretary shall 
develop and transmit to the Congress a plan to assist small 
businesses in the export licensing application process under this 
Act. The plan shall include, among other things, arrangements for 
counseling small businesses on filing applications and identifying 
goods or technology on the control list, proposals for seminars and 
conferences to educate small businesses on export controls and 
licensing procedures, and 
the 
preparation 
of 
informational 
brochures. 
"(n) REPORTS ON LICENSE APPUCATIONS.—(1) Not later than 180 
days after the date of the enactment of this subsection, and not later 
than the end of each 3-month period thereafter, the Secretary shall 
submit to the Committee on Foreign Affairs of the House of Rep-
resentatives and to the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report listing— 
"(A) all applications on which action was completed during 
the preceding 3-month period and which required a period 
longer than the period permitted under subsection (c), (fXD, or 
(h) of this section, as the case may be, before notification of a 
decision to approve or deny the application was sent to the 
applicant; and 
"(B) in a separate section, all applications which have been in 
process for a period longer than the period permitted under 
subsection (c), (fXD, or (h) of this section, as the case may be, and 
upon which final action has not been taken. 
"(2) With regard to each application, each listing shall identify— 
"(A) the application case number: 
"(B) the value of the goods or technology to which the applica-
tion relates; 
"(C) the country of destination of the goods or technology; 
"(D) the date on which the application was received by the 
Secretary; 
"(E) the date on which the Secretary approved or denied the 
application; 
"(F) the date on which the notification of approval or denial of 
the application was sent to the applicant; and 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 145 
"(G) the total number of days which elapsed between receipt 
of the application, in its properly completed form, and the 
earlier of the last day of the 3-month period to which the report 
relates, or the date on which notification of approval or denial 
of the application w£is sent to the applicant. 
"(3) With respect to an application which was referred to other 
departments or agencies, the listing shall also include— 
"(A) the departments or agencies to which the application was 
referred; 
"(B) the date or dates of such referral; and 
"(C) the date or dates on which recommendations were re-
ceived from those departments or agencies. 
"(4) With respect to an application referred to any other departr 
ment or agency which did not submit or has not submitted its 
recommendations on the application within the period permitted 
under subsection (e) of this section to submit such recommendations, 
the listing shall also include— 
"(A) the office responsible for processing the application and 
the position of the officer responsible for the office; and 
"(B) the period of time that elapsed before the recommenda-
tions were submitted or that has elapsed since referral of the 
application, as the case may be. 
"(5) Each report shall also provide an introduction which 
contains— 
"(A) a summary of the number of applications described in 
paragraph (1) (A) and (B) of this subsection, and the value of the 
goods or technology involved in the applications, groupe(d 
according to— 
"(i) the number of days which elapsed before action on 
the applications was completed, or which has elapsed with-
out action on the applications being completed, as follows: 
61 to 75 days, 76 to 90 days, 91 to 105 days, 106 to 120 days, 
and more than 120 days; and 
"(ii) the number of days which elapsed before action on 
the applications w£is completed, or which has elapsed with-
out action on the applications being completed, beyond the 
period permitted under subsection (c), (fKl), or (h) of this 
section for the processing of applications, as follows: not 
more than 15 days, 16 to 30 days, 31 to 45 days, 46 to 60 
days, and more than 60 days; and 
"(B) a summary by country of destination of the number of 
applications described in paragraph (1) (A) and (B) of this subsec-
tion, and the value of the goods or technology involved in the 
applications, on which action was not completed within 60 days, 
"(o) EXPORTS TO MEMBERS OF COORDINATING COMMITTEE.—(1) Fif-
teen working days after the date of formal filing with the Secretary 
of an individual validated license application for the export of goods 
or technology to a country that maintains export controls on such 
goods or technology pursuant to the agreement of the governments 
participating in the group known as the Coordinating Committee, a 
license for the transaction specified in the application shall become 
valid and effective and the goods or technology are authorized for 
export pursuant to such license unless— 
' (A) the application has been otherwise approved by the 
Secretary, in which case it shall be valid and effective according 
to the terms of the approval; 
99 STAT. 146 
PUBLIC LAW 99-64—JULY 12, 1985 
"(B) the application has been denied by the Secretary pursu-
ant to this section and the applicant has been so informed, or 
the applicant has been informed, pursuant to subsection (fK3) of 
this section, that the application should be denied; or 
"(C) the Secretary requires additional time to consider the 
application and the applicant has been so informed. 
"(2) In the event that the Secretary notifies an applicant pursuant 
to paragraph (1)(C) that more time is required to consider an individ-
ual validated license application, a license for the transaction speci-
fied in the application shall become valid and effective and the goods 
or technology are authorized for export pursuant to such license 30 
working days after the date that such license application was for-
mally filed with the Secretary unless— 
"(A) the application has been otherwise approved by the 
Secretary, in which case it shall be valid and effective according 
to the terms of the approval; or 
"(B) the application has been denied by the Secretary pursu-
ant to this section and the applicant has been so informed, or 
the applicant has been informed, pursuant to subsection (fK3) of 
this section, that the application should be denied. 
"(3) In reviewing an individual license application subject to this 
subsection, the Secretary shall evaluate the information set forth in 
the application and the reliability of the end-user. 
"(4) Nothing in this subsection shall affect the scope or availabil-
ity of licenses authorizing multiple exports set forth in section 4(aX2) 
Ante, p. 122. 
of this Act. 
Effective date. 
"(5) The provisions of this subsection shall take effect 4 months 
after the date of the enactment of the Export Administration 
Amendments Act of 1985.". 
SEC. 112. VIOLATIONS. 
(a) IN GENERAL.—Section 11(a) (50 U.S.C. App. 2410(a)) is amended 
by inserting after "violates" the following: "or conspires to or 
attempts to violate". 
(b) WILLFUL VIOLATIONS.—Section 11(b) is amended— 
(1) in paragraph (1)— 
(A) by striking out "exports an5rthing contrary to" and 
inserting in lieu thereof "violates or conspires to or at-
tempts to violate"; 
(B) by striking out "such exports" and inserting in lieu 
thereof "the exports involved"; 
(C) by inserting after "benefit o f the following: ", or that 
the destination or intended destination of the goods or 
technology involved is,"; and 
(D) by striking out "country to which exports are re-
stricted for national security or" and inserting in lieu 
thereof "controlled country or any country to which exports 
are controlled for"; 
(2) in paragraph (2) by striking out the last sentence; and 
(3) by adding after 
paragraph (2) the following 
new 
paragraphs: 
"(3) Any person who possesses any goods or technology— 
"(A) with the intent to export such goods or technology in 
violation of an export control imposed under section 5 or 6 of 
Ante, pp. 123, 
this Act or any regulation, order, or license issued with respect 
131- 
to such control, or 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 147 
"(B) knowing or having reason to believe that the goods or 
technology would be so exported, 
shall, in the case of a violation of an export control imposed under 
section 5 (or any regulation, order, or license issued with respect to 
Ante, p. 123. 
such control), be subject to the penalties set forth in paragraph (1) of 
this subsection and shall, in the case of a violation of an export 
control imposed under section 6 (or any regulation, order, or license 
Ante, p. 131. 
issued with respect to such control), be subject to the penalties set 
forth in subsection (a). 
"(4) Any person who takes any action with the intent to evade the 
Penalties. 
provisions of this Act or any regulation, order, or license issued 
under this Act shall be subject to the penalties set forth in subsec-
tion (a), except that in the case of an evasion of an export control 
imposed under section 5 or 6 of this Act (or any regulation, order,, or 
license issued with respect to such control), such person shall be 
subject to the penalties set forth in paragraph (1) of this subsection. 
"(5) Nothing in this subsection or subsection (a) shall limit the 
power of the Secretary to define by regulations violations under this 
Act.". 
(c) CIVIL PENALTIES; ADMINISTRATIVE SANCTIONS.—Section 11(c) is 
50 use app. 
amended— 
2410. 
(1) by striking out "head" and all that follows in paragraph (1) 
through "thereof," and inserting in lieu thereof "Secretary (and 
officers and employees of the Department of Commerce specifi-
cally designated by the Secretary)"; and 
(2) by adding at the end the following new paragraphs: 
"(3) An exception may not be made to any order issued under this 
Act which revokes the authority of a United States person to exFK)rt 
goods or technology unless the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate are first consulted concerning the 
exception. 
"(4) The President may by regulation provide standards for 
establishing levels of civil penalty provided in this subsection based 
upon the seriousness of the violation, the culpability of the violator, 
and the violator's record of cooperation with the Government in 
disclosing the violation.". 
(d) REFUNDS OF PENALTIES.—Section 11(e) is amended— 
(1) by inserting after "subsection (c)" the following: ", or any 
amounts realized from the forfeiture of any property interest or 
proceeds pursuant to subsection (g),"; and 
(2) by inserting after "refund any such penalty" the following: 
"imposed pursuant to subsection (c)". 
(e) FORFEITURES; PRIOR CONVICTIONS.—Section 11 is amended— 
(1) by redesignating subsection (g) as subsection (i); and 
(2) by inserting after subsection (f) the following new 
subsections: 
"(g) FORFEITURE OF PROPERTY INTEREST AND PROCEEDS.—(1) Any 
person who is convicted under subsection (a) or (b) of a violation of 
an export control imposed under section 5 of this Act (or any 
regulation, order, or license issued with respect to such control) 
shall, in addition to any other penalty, forfeit to the United Stattjs— 
"(A) any of that person's interest in, security of, claim 
against, or property or contractual rights of any kind in the 
goods or tangible items that were the subject of the violation; 
"(B) any of that person's interest in, security of, claim against, 
or property or contractual rights of any kind in tangible prop-
99 STAT. 148 
PUBLIC LAW 99-64—JULY 12, 1985 
erty that was used in the export or attempt to export that was 
the subject of the violation; and 
"(C) any of that person's property constituting, or derived 
from, any proceeds obtained directly or indirectly as a result of 
the violation. 
"(2) The procedures in any forfeiture under this subsection, and 
the duties and authority of the courts of the United States and the 
Attorney General with respect to any forfeiture action under this 
subsection or with respect to any property that may be subject to 
forfeiture under this subsection, shall be governed by the provisions 
of section 1963 of title 18, United States Code. 
"(h) PRIOR CONVICTIONS.—No person convicted of a violation of 
section 793, 794, or 798 of title 18, United States Code, section 4(b) 
of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of 
the Arms Export Control Act (22 U.S.C. 2778) shall be eligible, at the 
discretion of the Secretary, to apply for or use any export license 
under this Act for a period of up to 10 years from the date of the 
conviction. The Secretary may revoke any export license under this 
Act in which such person has an interest at the time of the 
conviction.". 
Ante, p. 147. 
(f) TECHNICAL AMENDMENT.—Section 11(1), as redesignated by 
subsection (e) of this section, is amended by striking out "or (f)" and 
inserting in lieu thereof "(f), (g), or (h)". 
SEC. 113. ENFORCEMENT. 
(a) GENERAL AUTHORITY.—Section 12(a) (50 U.S.C. App. 2411(a)) is 
amended— 
(1) by inserting "(1)" immediately before the first sentence; 
(2) by striking out "such investigations and" and inserting in 
lieu thereof "such investigations within the United States, and 
the Commissioner of Customs (and officers or employees of the 
United States Customs Service specifically designated by 
the Commissioner) may make such investigations outside of the 
United States, and the head of such department or agency (and 
such officers or employees) may"; 
(3) by striking out "the district court of the United States for 
any district in which such person is found or resides or trans-
acts business, upon application, and" and inserting in lieu 
thereof "a district court of the United States,"; 
(4) by adding at the end the following new sentence: "In 
addition to the authority conferred by this paragraph, the 
Secretary (and officers or employees of the Department of Com-
merce designated by the Secretary) may conduct, outside the 
United States, pre-license investigations and post-shipment ver-
ifications of items licensed for export, and investigations in the 
50 use app. 
enforcement of section 8 of this Act."; and 
2407. 
(5) by adding at the end the following new paragraphs: 
"(2)(A) Subject to subparagraph (B) of this paragraph, the United 
States Customs Service is authorized, in the enforcement of this Act, 
to search, detain (after search), and seize goods or technology at 
those ports of entry or exit from the United States where officers of 
the Customs Service are authorized by law to conduct such searches, 
detentions, and seizures, and at those places outside the United 
States where the Customs Service, pursuant to agreements or other 
arrangements with other countries, is authorized to perform 
enforcement activities. 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 149 
"(B) An officer of the United States Customs Service may do the 
following in carrying out enforcement authority under this Act: 
"(i) Stop, search, and examine a vehicle, vessel, aircraft, or 
person on which or whom such officer has reasonable cause to 
suspect there are any goods or technology that has been, is 
being, or is about to be exported from the United States in 
violation of this Act. 
"(ii) Search any package or container in which such officer 
has reasonable cause to suspect there are any goods or tech-
nology that has been, is being, or is about to be exported from 
the United States in violation of this Act. 
"(iii) Detain (after search) or seize and secure for trial any 
goods or technology on or about such vehicle, vessel, aircraft, or 
person, or in such package or container, if such officer has 
probable cause to believe the goods or technology has been, is 
being, or is about to be exported from the United States in 
violation of this Act. 
"(iv) Make arrests without warrant for any violation of this 
Act committed in his or her presence or view or if the officer 
has probable cause to believe that the person to be arrested has 
committed or is committing such a violation. 
The arrest authority conferred by clause (iv) of this subparagraph is 
in addition to any arrest authority under other laws. 
"(3)(A) Subject to subparagraph (B) of this paragraph, the I3ec-
retary shall have the responsibility for the enforcement of section 8 
50 use app. 
of this Act and, in the enforcement of the other provisions of this 
2407. 
Act, the Secretary is authorized to search, detain (after search), and 
seize goods or technology at those places within the United Spates 
other than those ports specified in paragraph (2XA) of this subsec-
tion. The search, detention (after search), or seizure of goods or 
technology at those ports and places specified in paragraph (2XA) 
may be conducted by officers or employees of the Department of 
Commerce designated by the Secretary with the concurrence of 
the Commissioner of Customs or a person designated by the 
Commissioner. 
"(B) The Secretary may designate any employee of the Office of 
Export Enforcement of the Department of Commerce to do the 
following in carrying out enforcement authority under this Act: 
"(i) Execute any warrant or other process issued by a court or 
officer of competent jurisdiction with respect to the enforcement 
of the provisions of this Act. 
"(ii) Make arrests without warrant for any violation of this 
Act committed in his or her presence or view, or if the officer or 
employee has probable cause to believe that the person to be 
arrested has committed or is committing such a violation. 
"(iii) Carry firearms in carrying out any activity described in 
clause (i) or (ii). 
"(4) The authorities first conferred by the Export Administration 
Amendments Act of 1985 under paragraph (3) shall be exercised 
pursuant to guidelines approved by the Attorney General. Such 
guidelines shall be issued not later than 120 days after the date of 
the enactment of the Export Administration Amendments Act of 
1985. 
"(5) All cases involving violations of this Act shall be referred to 
the Secretary for purposes of determining civil penalties and 
administrative sanctions under section 11(c) of this Act, or to the 
Ante, p. 147. 
Attorney General for criminal action in accordance with this Act. 
99 STAT. 150 
PUBLIC LAW 99-64—JULY 12, 1985 
"(6) Notwithstanding any other provision of law, the United 
States Customs Service may expend in the enforcement of export 
controls under this Act not more than $12,000,000 in the fiscal year 
1985 and not more than $14,000,000 in the fiscal year 1986. 
Federal 
"(7) Not later than 90 days after the date of the enactment of the 
Register, 
Export Administration Amendments Act of 1985, the Secretary, 
publication. 
^|.jj ^Yie concurrence of the Secretary of the Treasury, shall publish 
in the Federal Register procedures setting forth, in accordance with 
this subsection, the responsibilities of the Department of Commerce 
and the United States Customs Service in the enforcement of this 
Act. In addition, the Secretary, with the concurrence of the Sec-
retary of the Treasury, may publish procedures for the sharing of 
information in accordance with subsection (cX3) of this section, and 
procedures for the submission to the appropriate departments and 
agencies by private persons of information relating to the enforce-
ment of this Act, 
"(8) For purposes of this section, a reference to the enforcement of 
this Act or to a violation of this Act includes a reference to the 
enforcement or a violation of any regulation, order, or license issued 
under this Act.". 
50 use app. 
(b) CONFIDENTIALITY.—Section 12(cX3) is amended— 
2411 
(1) by striking out "Departments or agencies which obtain" 
and inserting in lieu thereof "Any department or agency which 
obtains"; 
(2) by inserting ", including information pertaining to any 
investigation," after "enforcement of this Act , 
(3) by striking out "the department" and inserting in lieu 
thereof "each department"; and 
(4) by adding at the end the following: "The Secretary and the 
Commissioner of Customs, upon request, shall exchange any 
licensing and enforcement information with each other which is 
necessary to facilitate enforcement efforts and effective license 
decisions. The Secretary, the Attorney General, and the 
Commissioner of Customs shall consult on a continuing basis 
with one another and with the heads of other departments and 
agencies which obtain information subject to this paragraph, in 
order to facilitate the exchange of such information.". 
SEC. 114. ADMINISTRATIVE PROCEDURE. 
Section 13 (50 U.S.C. App. 2412) is amended— 
(1) in the section heading by striking out "EXEMPTION FROM 
CERTAIN PROVISIONS RELATING TO"; 
(2) in subsection (a) by inserting "and subsection (c) of this 
section" after "ll(cX2)"; and 
(3) by adding at the end the following: 
"(c) PROCEDURES RELATING TO CIVIL PENALTIES AND SANCTIONS.— 
(1) In any case in which a civil penedty or other civil sanction (other 
than a temporary denial order or a penalty or sanction for a 
50 use app. 
violation of section 8) is sought imder section 11 of this Act, the 
2407; ante, p. 146. charged party is entitled to receive a formal complaint specifying 
the charges and, at his or her request, to contest the charges in a 
hearing before an administrative law judge. Subject to the provi-
sions of this subsection, any such hearing shall be conducted in 
accordance with sections 556 and 557 of title 5, United States (Dode. 
With the approval of the administrative law judge, the Government 
may present evidence in camera in the presence of the charged 
party or his or her representative. After the hearing, the adminis-
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 151 
trative law judge shall make findings of fact and conclusions of law 
in a written decision, which shall be referred to the Secretary. The 
Secretary shall, in a written order, affirm, modify, or vacate the 
decision of the administrative law judge within 30 days after receiv-
ing the decision. The order of the Secretary shall be final and is not 
subject to judicial review. 
"(2) The proceedings described in paragraph (1) shall be concluded 
within a period of 1 year after the compMnt is submitted, unless the 
administrative law judge extends such period for good cause shown. 
"(3) An administrative law judge referred to in this subsection 
shall be appointed by the Secretary from among those considered 
qualified for selection and appointment under section 3105 of title 5, 
United States Code. Any person who, for at least 2 of the 10 years 
immediately preceding the date of the enactment of the Export 
Administration Amendments Act of 1985, has served as a hearing 
commissioner of the Department of Commerce shall be included 
among those considered as qualified for selection and appointment 
to such position. 
"(d) IMPOSITION OF TEMPORARY DENIAL ORDERS.—(1) In any case in 
which it is necessary, in the public interest, to prevent an imminent 
violation of this Act or any regulation, order, or license issued under 
this Act, the Secretary may, without a hearing, issue an order 
temporarily denying United States export privileges (hereinafter in 
this subsection referred to as a 'temporary denial order') to a person. 
A temporary denial order may be effective no longer than 60 days 
unless renewed in writing by the Secretary for additional 60-day 
periods in order to prevent such an imminent violation, except that 
a temporary denial order may be renewed only after notice and an 
opportunity for a hearing is provided. 
"(2) A temporary denial order shall define the imminent violaition 
and state why the temporary denial order was granted without a 
hearing. The person or persons subject to the issuance or renewial of 
a temporary denial order may file an appeal of the issuance or 
renewal of the temporary denial order with an administrative law 
judge who shall, within 10 working days after the appeal is filed, 
recommend that the temporary denial order be affirmed, modified, 
or vacated. Parties may submit briefs and other material to the 
judge. The recommendation of the administrative law judge shall be 
submitted to the Secretary who shall either accept, reject, or modify 
the recommendation by written order within 5 working days after 
receiving the recommendation. The written order of the Secretary 
under the preceding sentence shall be final and is not subject to 
judicial review. The temporary denial order shall be affirmed only if 
it is reasonable to believe that the order is required in the public 
interest to prevent an imminent violation of this Act or any regfula-
tion, order, or license issued under this Act. 
"(e) APPEALS FROM LICENSE DENIALS.—A determination of the 
Secretary, under section 10(f) of this Act, to deny a license may be 
Ante, p. 143. 
appealed by the applicant to an administrative law judge who shall 
have the authority to conduct proceedings to determine only 
whether the item sought to be exported is in fact on the control list. 
Such proceedings shall be conducted within 90 days after the appeal 
is filed. Any determination by an administrative law judge under 
this subsection and all materials filed before such judge in the 
proceedings shall be reviewed by the Secretary, who shall either 
affirm or vacate the determination in a written decision within 30 
days after receiving the determination. The Secretary's written 
99 STAT. 152 
PUBLIC LAW 99-64—JULY 12, 1985 
decision shall be final and is not subject to judicial review. Subject to 
Ante, p. 150. 
the limitations provided in section 12(c) of this Act, the Secretary's 
decision shall be published in the Federal Register.". 
SEC. 115. ANNUAL REPORT. 
(a) CONTENTS OF REPORT.—Section 14(aX15) (50 U.S.C. App. 
2413(a)(15)) is amended by striking out "an analysis" and all that 
follows through "process, and". 
(b) ADDITIONAL REPORTING REQUIREMENTS.—Section 14 is amended 
by adding at the end the following: 
"(d) REPORT ON EXPORTS TO CONTROLLED COUNTRIES.—The Sec-
retary shall include in each annual report a detailed report which 
lists every license for exports to controlled countries which was 
approved under this Act during the preceding fiscal year. Such 
report shall specify to whom the license was granted, the type of 
goods or technology exported, and the country receiving the goods or 
technology. The information required by this subsection shall be 
subject to the provisions of section 12(c) of this Act. 
"(e) REPORT ON DOMESTIC ECONOMIC IMPACT OF EXPORTS TO CON-
TROLLED COUNTRIES.—The Secretary shall include in each annual 
report a detailed description of the extent of injury to United States 
industry and the extent of job displacement caused by United States 
exports of goods and technology to controlled countries. The annual 
report shall also include a full analysis of the consequences of 
exports of turnkey plants and manufacturing facilities to controlled 
countries which are used by such countries to produce goods for 
export to the United States or to compete with United States 
products in export markets.". 
SEC. 116. UNDER SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA-
TION; REGULATIONS. 
(a) IN GENERAL.—Section 15 (50 U.S.C. App. 2414) is amended to 
read as follows: 
"ADMINISTRATIVE AND REGULATORY AUTHORITY 
President of U.S. 
"SEC. 15. (a) UNDER SECRETARY OF COMMERCE.—The President 
shall appoint, by and with the advice and consent of the Senate, an 
Under Secretary of Commerce for Export Administration who shall 
carry out all functions of the Secretary under this Act which were 
delegated to the office of the Assistant Secretary of Commerce for 
Trade Administration before the date of the enactment of the 
Export Administration Amendments Act of 1985, and such other 
functions under this Act which were delegated to such office before 
such date of enactment, as the Secretary may delegate. The Presi-
dent shall appoint, by and with the advice and consent of the 
Senate, two Assistant Secretaries of Commerce to assist the Under 
Secretary in carrying out such functions. 
"(b) ISSUANCE OF REGULATIONS.—The President and the Secretary 
may issue such regulations as are necessary to carry out the provi-
sions of this Act. Any such regulations issued to carry out the 
Ante, pp. 123, 
provisions of section 5(a), 6(a), 7(a), or 8(b) may apply to the financ-
ial; 50 use app. ing, transporting, or other servicing of exports and the participation 
2406, 2407. 
therein by any person. Any such regulations the purpose of which is 
Ante, p. 122. 
to Carry out the provisions of section 5, or of section 4(a) for the 
purpose of administering the provisions of section 5, may be issued 
only after the regulations are submitted for review to the Secretary 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 153 
of Defense, the Secretary of State, and such other departments and 
agencies as the Secretary considers appropriate. The preceding sen-
tence does not require the concurrence or approval of any official, 
department, or agency to which such regulations are submitted. 
"(c) AMENDMENTS TO REGULATIONS.—If the Secretary proposejs to 
Report. 
amend regulations issued under this Act, the Secretary shall report 
to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives on the intent and rationale of such amendments. 
Such report shall evaluate the cost and burden to United States 
exporters of the proposed amendments in relation to any enhance-
ment of licensing objectives. The Secretary shall consult with the 
technical advisory committees authorized under section 5(h) of this 
Act in formulating or amending regulations issued under this Act. 
Ante, p. 130. 
The procedures defined by regulations in effect on January 1, 1984, 
with respect to sections 4 and 5 of this Act, shall remain in effect 
50 use app. 
unless the Secretary determines, on the basis of substantial and 2403. 
reliable evidence, that specific change is necessary to enhance the 
prevention of diversions of exports which would prove detrimental 
to the national security of the United States or to reduce the 
licensing and paperwork 
burden 
on exporters and their 
distributors.". 
(b) PAY FOR THE UNDER SECRETARY.—Section 5314 of title 5, United 
States Code, is amended by inserting "Under Secretary of Com-
merce for Export Administration," after "Under Secretary of Com-
merce for Economic Affairs,". 
(c) PAY FOR THE ASSISTANT SECRETARIES.—Section 5315 of such title 
5 use 5315. 
is amended by striking out 
"Assistant Secretaries of Commerce (8)." 
and inserting in lieu thereof 
"Assistant Secretaries of Commerce (11).". 
(d) EFFECTIVE DATE.—The provisions of section 15(a) of the Export 
5 use 5314 note. 
Administration Act of 1979, as amended by subsection (a) of this 
section, and the amendments made by subsections (b) and (c) of this 
section shall take effect on October 1,1986. 
(e) BUDGET ACT.—Any new spending authority (within the mean- 
50 USC app. 2414 
ing of section 401 of the Congressional Budget Act of 1974) which is note.^ 
provided under this section shall be effective for any fiscal year only 
to the extent or in such amounts as are provided in appropriation 
Acts. 
SEC. 117. DEFINITIONS. 
Section 16 (50 U.S.C. App. 2415) is amended— 
(1) in paragraph (3), by inserting "natural or manmade sub-
stance," after "article,"; 
(2) by amending paragraph (4) to read as follows: 
"(4) the term 'technology' means the information and know-
how (whether in tangible form, such as models, protot3^pes, 
drawings, sketches, diagrams, blueprints, or manuals, or in 
intangible form, such as training or technical services) that can 
be used to design, produce, manufacture, utilize, or reconstruct 
goods, including computer software and technical data, but not 
the goods themselves;"; 
(3) by redesignating paragraph (5) as paragraph (8); and 
(4) by inserting after paragraph (4) the following new 
paragraphs: 
"(5) the term 'export' means— 
2 use 651. 
99 STAT. 154 
PUBLIC LAW 99-64—JULY 12, 1985 
"(A) an actual shipment, transfer, or transmission of 
goods or technology out of the United States; 
"(B) a transfer of goods or technology in the United States 
to an embassy or affiliate of a controlled country; or 
"(C) a transfer to any person of goods or technology either 
within the United States or outside of the United States 
with the knowledge or intent that the goods or technology 
will be shipped, transferred, or transmitted to an unauthor-
ized recipient; 
"(6) the term 'controlled country' means a controlled country 
Ante, p. 123. 
under section 5(bXl) of this Act; 
"(7) the term 'United States' means the States of the United 
States, the District of Columbia, and any commonwealth, terri-
tory, dependency, or possession of the United States, and in-
cludes the outer Continental Shelf, as defined in section 2(a) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and". 
SEC. 118. EFFECT ON OTHER ACTS. 
(a) TECHNICAL AMENDMENTS.— 
(1) Section 17(a) (50 U.S.C. App. 2416(a)) is amended by strik-
ing out "Nothing" and inserting in lieu thereof "Except as 
otherwise provided in this Act, nothing". 
(2) Section 17(c) is amended by striking out the last sentence. 
(b) ACT NOT TO AFFECT CERTAIN PROVISIONS OF AGRICULTURAL ACT 
OF 1970.—Section 17 is amended by adding at the end the following: 
"(D AGRICULTURAL ACT OF 1970.—Nothing in this Act shall affect 
the provisions of the last sentence of section 812 of the Agricultural 
Act of 1970 (7 U.S.C. 612c-3).". 
SEC. 119. AUTHORIZATION OF APPROPRIATIONS. 
Section 18 (50 U.S.C. App. 2417) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 18. (a) REQUIREMENT OF AUTHORIZING LEGISLATION.—(1) Not-
withstanding any other provision of law, money appropriated to the 
Department of Commerce for expenses to carry out the purposes of 
this Act may be obligated or expended only if— 
"(A) the appropriation thereof has been previously authorized 
by law enacted on or after the date of the enactment of the 
Export Administration Amendments Act of 1985; or 
"(B) the amount of all such obligations and expenditures does 
not exceed an amount previously prescribed by law enacted on 
or after such date. 
"(2) To the extent that legislation enacted after the making of an 
appropriation to carry out the purposes of this Act authorizes the 
obligation or expenditure thereof, the limitation contained in para-
graph (1) shall have no effect. 
"(3) The provisions of this subsection shall not be superseded 
except by a provision of law enacted after the date of the enactment 
of the Export Administration Amendments Act of 1985 which 
specifically repeals, modifies, or supersedes the provisions of this 
subsection. 
"(b) AUTHORIZATION.—There are authorized to be appropriated to 
the Department of Commerce to carry out the purposes of this Act— 
^(1) $24,600,000 for the fiscal year 1985, of which $8,712,000 
shall be available only for enforcement, $1,851,000 shall be 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 155 
available only for foreign availability assessments under subsec-
tions (f) and (hX6) of section 5 of this Act, and $14,037,000 shall 
Ante, pp. 129, 
be available for all other activities under this Act; 
i^l 
"(2) $29,382,000 for the fiscal year 1986, of which $9,243,000 
shall be available only for enforcement, $2,000,000 shall be 
available only for foreign availability assessments under subsec-
tions (f) and (hX6) of section 5 of this Act, and $18,139,000 shiall 
be available for all other activities under this Act; and 
"(3) such additional amounts for each of the fiscal years 1985 
and 1986 as may be necessary for increases in salary, pay, 
retirement, other employee benefits authorized by law, and 
other nondiscretionary costs.". 
SEC. 120. TERMINATION OF AUTHORITY. 
Section 20 (50 U.S.C. App. 2419) is amended to read as foUovtrs: 
"TERMINATION DATE 
"SEC. 20. The authority granted by this Act terminates on Septem-
ber 30,1989.". 
SEC. 121. IMPORT SANCTIONS. 
Chapter 4 of title II of the Trade Expansion Act of 1962 (19 U.S.C. 
1861 et seq.) is amended by adding at the end the following new 
section: 
"SEC. 233. IMPORT SANCTIONS FOR EXPORT VIOLATIONS. 
19 USC 1864. 
"(a) Any person who violates any national security export control 
imposed under section 5 of the Export Administration Act of 1979 
(50 U.S.C. App. 2404), or any regulation, order, or license issued 
Ante, p. 123. 
under that section, may be subject to such controls on the importing 
of goods or technology into the United States as the President may 
prescribe, 
"(b) Except as provided in subsection (a) of this section, any perscm 
who violates any regulation issued under a multilateral agreement, 
formal or informal, to control exports for national security purposcis, 
to which the United States is a party, may be subject to such 
controls on the importing of goods or technology into the Unit<k[ 
States as the President may prescribe, but only i
f
— 
"(1) negotiations with the government or governments, party 
to the multilateral agreement, with jurisdiction over the viola-
tion have been conducted and been unsuccessful in restoring 
compliance with the regulation involved; 
"(2) the President, after the failure of such negotiations, hj-ig 
notified the government or governments described in paragraph 
(1) and the other parties to the multilateral agreement that the 
United States proposes to subject the person committing the 
violation to specific controls on the importing of goods or tech-
nology into the United States upon the expiration of 60 days 
from the date of such notification; and 
"(3) a majority of the parties to the multilateral agreement 
(other than the United States), before the end of that 60-day 
period, have expressed to the President concurrence in the 
proposed import controls or have abstained from stating a 
position with respect to the proposed controls.". 
99 STAT. 156 
PUBLIC LAW 99-64—JULY 12, 1985 
SEC. 122. HOURS OF OFFICE OF EXPORT ADMINISTRATION. 
The Secretary of C!ommerce shall modify the office hours of the 
Office of Export Administration of the Department of Commerce on 
at least four days of each workweek so as to accommodate commu-
nications to the Office by exporters throughout the continental 
United States during the normal business hours of those exporters. 
SEC. 123. TECHNICAL AMENDMENTS. 
(a) ARMS EXPORT CONTROL ACT.—Section 38(e) of the Arms Export 
Control Act (22 U.S.C. 2778(e)) is amended by striking out "(f)" and 
inserting in lieu thereof "(g)". 
(b) MINERAL LEASING ACT OF 1920.—Subsection (u) of section 28 of 
the Mineral Leasing Act of 1920 (30 U.S.C. 185) is amended— 
(1) by striking out "1969 (Act of December 30, 1969; 83 Stat. 
841)" and inserting in lieu thereof "1979 (50 U.S.C. App. 2401 
and following)"; and 
(2) by striking out "1969" each subsequent place it appears 
and inserting in lieu thereof "1979". 
SEC. 124. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961. 
Section 502B(aX2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2304(aX2)) is amended by inserting after "Senate" the first place it 
appears the following: "and the chairman of the Committee on 
Banking, Housing, and Urban Affairs of the Senate (when licenses 
are to be issued pursuant to the Export Administration Act of 
1979).". 
SEC. 125. EXPORT OF HORSES. 
46 use 3901, 
The Act of March 3,1891 (46 U.S.C. 466a and 466b), is amended by 
3902. 
adding at the end the following: 
46 use app. 
"SEC. 3. EXPORT OF HORSES. 
466c 
"(a) RESTRICTION ON EXPORT OF HORSES.—Notwithstanding any 
other provision of law, no horse may be exported by sea from the 
United States, or any of its territories or possessions, unless such 
horse is part of a consignment of horses with respect to which a 
waiver has been granted under subsection (b). 
"(b) GRANTING OF WAIVERS.—The Secretary of Commerce, in con-
sultation with the Secretary of Agriculture, may issue regulations 
providing for the granting of waivers permitting the export by sea of 
a specified consignment of horses, if the Secretary of Commerce, in 
consultation with the Secretary of Agriculture, determines that no 
horse in that consignment is being exported for purposes of 
slaughter. 
"(c) PENALTIES.— 
"(1) CRIMINAL PENALTY.—Any person who knowingly violates 
this section or any regulation, order, or license issued under this 
section shall be fined not more than 5 times the value of the 
consignment of horses involved or $50,000, whichever is greater, 
or imprisoned not more than 5 years, or both. 
"(2) CIVIL PENALTY.—The Secretary of Commerce, after 
providing notice and an opportunity for an agency hearing on 
the record, may impose a civil pensJty of not to exceed $10,000 
for each violation of this section or any regulation, order, or 
license issued under this section, either in addition to or in lieu 
of any other liability or penalty which may be imposed.". 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 157 
SEC. 126. ALASKAN OIL STUDY. 
(a) REVIEW OF ALASKAN OIL POLICY.— 
(1) IN GENERAL.—The President shall undertake a comprehen-
sive review of the issues and related data concerning possible 
changes in the existing incentives to produce crude oil from the 
North Slope of Alaska (including changes in Federal and Staite 
taxation, pipeline tariffs, and Federal leasing policies) and p()s-
sible changes in the existing distribution of crude oil from the 
North Slope of Alaska (including changes in export restrictions 
which would permit exports at free market levels and at levels 
of 50,000 barrels per day, 100,000 barrels per day, 200,000 
barrels per day, and 500,000 barrels per day), as well as the 
appropriateness of continuing existing controls. Such review 
shall include, but not be limited to, a study of— 
(A) the effect of such changes on the energy and national 
security of the United States and its allies; 
(B) the role of such changes in United States foreij^n 
policymaking, 
including 
international 
energy 
policy-
making; 
(C) the impact of such changes on employment levels in 
the maritime industry, the oil industry, and other indus-
tries; 
(D) the impact of such changes on the refiners and on 
consumers; 
(E) the impact of such changes on the revenues and 
expenditures of the Federal Government and the govern-
ment of Alaska; 
(F) the effect of such changes on incentives for oil and gas 
exploration and development in the United States; and 
(G) the effect of such changes on the overall trade deficit 
of the United States, and the trade deficit of the United 
States with respect to particular countries, including the 
effect of such changes on trade barriers of other countries. 
(2) FINDINGS, OPTIONS, AND RECOMMENDATIONS.—The Presi-
dent shall develop, after consulting with appropriate State and 
Federal officials and other persons, findings, options, and rejc-
ommendations regarding the production and distribution of 
crude oil from the North Slope of Alaska. 
Ot)) CONSULTATION AND REPORT.—In carrying out subsection (a), the 
President shall consult with the Committees on Foreign Affairs aiid 
Energy and Commerce of the House of Representatives and the 
appropriate committees of the Senate. Not later than 9 months after 
the date of the enactment of this Act, the President shall transmit to 
each of those committees a report which contains the results of the 
review under subsection (aXl), and the findings, options, and rcjc-
ommendations developed under subsection (aX2). 
Employment 
and 
unemployment. 
Commerce and 
trade. 
President of U.S. 
President of U.S. 
Report. 
TITLE II—EXPORT PROMOTION PROGRAMS 
SEC. 201. REQUIREMENT OF PRIOR AUTHORIZATION. 
(a) GENERAL RULE.—Notwithstanding any other provision of law, 
money appropriated to the Department of Commerce for expenses to 
carry out any export promotion program may be obligated or ex-
pended only if— 
15 use 4051. 
99 STAT. 158 
PUBLIC LAW 99-64—JULY 12, 1985 
Business and 
industry. 
Commerce and 
trade. 
15 use 4052. 
15 u s e 4053. 
(1) the appropriation thereof has been previously authorized 
by law enacted on or after the date of the enactment of this Act; 
or 
(2) the amount of all such obligations and expenditures does 
not exceed an amount previously prescribed by law enacted on 
or after such date. 
(b) EXCEPTION FOR LATER LEGISLATION AUTHORIZING OBUGATIONS 
O
R EXPENDITURES.—To the extent that legislation enacted after the 
making of an appropriation to carry out any export promotion 
program authorizes the obligation or expenditure thereof, the 
limitation contained in subsection (a) shall have no effect. 
(c) PROVISIONS MUST BE SPECIFICALLY SUPERSEDED.—The provi-
sions of this section shall not be superseded except by a provision of 
law enacted after the date of the enactment of this Act which 
specifically repeals, modifies, or supersedes the provisions of this 
section. 
(d) EXPORT PROMOTION PROGRAM DEFINED.—For purposes of this 
title, the term "export promotion program" means any activity of 
the Department of Commerce designed to stimulate or assist United 
States businesses in marketing their goods and services abroad 
competitively with businesses from other countries, including, but 
not limited to— 
(1) trade development (except for the trade adjustment assist-
ance program) and 
dissemination 
of foreign 
marketing 
opportunities and other marketing information to United States 
producers of goods and services, including the expansion of 
foreign markets for United States textiles and apparel and any 
other United States products; 
(2) the development of regional and multilateral economic 
policies which enhance United States trade and investment 
interests, and the provision of marketing services with respect 
to foreign countries and regions; 
(3) the exhibition of United States goods in other countries; 
and 
(4) the operations of the United States £md Foreign Commer-
cial Service, or any successor agency. 
SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $113,273,000 for each of the 
fiscal years 1985 and 1986 to the Department of Commerce to carry 
out export promotion programs. 
SEC. 203. BARTER ARRANGEMENTS. 
(a) REPORT ON STATUS OF FEDERAL BARTER PROGRAMS.—The Sec-
retary of Agriculture and the Secretary of Energy shall, not later 
than 90 days after the date of the enactment of this Act, submit to 
the Congress a report on the status of Federal programs relating to 
the barter or exchange of commodities owned by the Commodity 
Credit Corporation for materials and products produced in foreign 
countries. Such report shall include details of any changes necessary 
in existing law to allow the Department of Agriculture and, in the 
case of petroleum resources, the Department of Energy, to imple-
ment fully any barter program. 
(b) AUTHORITIES OF THE PRESIDENT.—The President is authorized— 
(1) to barter stocks of agricultural commodities acquired by 
the Government for petroleum and petroleum products, and for 
other materials vital to the national interest, which are pro-
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 159 
duced abroad, in situations in which sales would otherwise not 
occur; and 
(2) to purchase petroleum and petroleum products, and other 
materials vital to the national interest, which are produced 
abroad and acquired by persons in the United States through 
barter for agricultural commodities produced in and exported 
from the United States through normal commercial trade chan-
nels. 
(c) OTHER PROVISIONS OF LAW NOT AFFECTED.—In the case of any 
petroleum, petroleum products, or other materials vital to the na-
tional interest, which are acquired under subsection (b), nothing in 
this section shall be construed to render inapplicable the provisions 
of any law then in effect which apply to the storage, distribution, or 
use of such petroleum, petroleum products, or other materials vital 
to the national interest. 
(d) CONVENTIONAL MARKETS NOT TO BE DISPLACED BY BARTERS.— 
The President shall take steps to ensure that, in making any barter 
President of U.S. 
described in subsection (a) or (bXl) or any purchase authorized by 
subsection Ok)X2), existing export markets for agricultural commod-
ities operating on conventional business terms are safeguarded from 
displacement by the barter described in subsection (a), (bXl), or 
(bX2), as the case may be. In addition, the President shall ensure 
that any such barter is consistent with the international obligations 
of the United States, including the Gteneral Agreement on Tariffs 
and Trade. 
61 Stat. A3. 
(e) REPORT TO THE CONGRESS.—The Secretary of Energy shall 
report to the Congress on the effect on energy security and on 
domestic energy supplies of any action taken under this section 
which results in the acquisition by the Grovernment of petroleum or 
petroleum products. Such report shall be submitted to the Congreiss 
not later than 90 days after such acquisition. 
TITLE III—NUCLEAR AGREEMENTS FOR COOPERATION 
SEC. 30L AGREEMENTS FOR COOPERATION. 
(a) NOTIFICATION OF AND CONSULTATION WITH THE CONGRESS; 
HEARINGS.—Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153) is amended— 
(1) in subsection a. by inserting after "Assessment Statement" 
the following: "(A) which shall analyze the consistency of the 
text of the proposed agreement for cooperation with all the 
requirements of this Act, with specific attention to whether the 
proposed agreement is consistent with each of the criteria set 
forth in this subsection, and (B)"; 
(2) in subsection b. by inserting before "the President" the 
following: "the President has submitted text of the proposed 
agreement for cooperation, together with the accompanying 
unclassified Nuclear Proliferation Assessment Statement, to the 
Committee on Foreign Relations of the Senate and the Commit-
tee on Foreign Affairs of the House of Representatives, the 
President has consulted with such Committees for a period of 
not less than thirty days of continuous session (as defined in 
section 130 g. of this Act) concerning the consistency of the 
Post, p. 160. 
terms of the proposed agreement with all the requirements of 
this Act, and"; and 
99 STAT. 160 
PUBLIC LAW 99-64—JULY 12, 1985 
(3) in subsection d. by inserting before the sentence which 
begins "Any such proposed agreement" the following: "During 
the sixty-day period the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Rela-
tions of the Senate shall each hold hearings on the proposed 
agreement for cooperation and submit a report to their respec-
tive bodies recommending whether it should be approved or 
disapproved.". 
(b) CONGRESSIONAL REVIEW OF AGREEMENTS.—Subsection d. of 
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) is 
amended— 
(1) by striking out "adopts a concurrent resolution" and 
inserting in lieu thereof "adopts, and there is enacted, a joint 
resolution"; 
(2) by striking out the period at the end of the first proviso 
and inserting in lieu thereof ": Provided further. That an agree-
ment for cooperation exempted by the President pursuant to 
subsection a. from any requirement contained in that subsec-
tion shall not become effective unless the Congress adopts, and 
there is enacted, a joint resolution stating that the Congress 
does favor such agreement."; and 
(3) by striking out "130 of this Act for the consideration of 
Presidential submissions" and inserting in lieu thereof "130 i. of 
this Act". 
(c) PROCEDURES FOR CONSIDERATION OF AGREEMENTS.— 
(1) TECHNICAL CHANGES.—Section 130 a. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2159(a)) is amended— 
(A) in the first sentence— 
(i) by striking out "123 d.,"; and 
(ii) by striking out ", and in addition, in the case of a 
proposed agreement for cooperation arranged pursuant 
to subsection 91 c, 144 b., or 144 c, the Committee on 
Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate,"; and 
(B) in the proviso, by striking out "and* if, in the case of a 
proposed agreement for cooperation arranged pursuant to 
subsection 91 c, 144 b., or 144 c. of this Act, the other 
relevant committee of that House has reported such a 
resolution, such committee shall be deemed discharged 
from further consideration of that resolution". 
(2) PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.— 
Section 130 of the Atomic Energy Act of 1954 is amended— 
(A) by amending subsection g.— 
(i) by redesignating paragraphs (1) and (2) as clauses 
(A) and (B); 
(ii) by striking out "g. For" and inserting in lieu 
thereof "g. (1) Except as provided in paragraph (2), for"; 
and 
(iii) by adding at the end thereof the following new 
paragraph: 
"(2) For purposes of this section insofar as it applies to section 
123— 
Ante, p. 159. 
"(A) continuity of session is broken only by an adjournment of 
Congress sine die at the end of a Congress; and 
"(B) the days on which either House is not in session because 
of an adjournment of more than three days are excluded in the 
computation of any period of time in which Congress is in 
continuous session.'; and 
PUBLIC LAW 99-64—JULY 12, 1985 
99 STAT. 161 
(B) by adding at the end thereof the following new subsection: 
"i. (1) For the purposes of this subsection, the term 'joint resolu-
tion' means a joint resolution, the matter after the resolving clause 
of which is as follows: 'That the Congress (does or does not) favor the 
proposed agreement for cooperation transmitted to the Congress by 
the President on 
.', with the date of the transmission of the 
proposed agreement for cooperation inserted in the blank, and the 
affirmative or negative phrase within the parenthetical appro-
priately selected. 
"(2) On the day on which a proposed agreement for cooperation is 
submitted to the House of Representatives and the Senate under 
section 123 d., a joint resolution with respect to such agreement for 
Ante, p. 160. 
cooperation shall be introduced (by request) in the House by the 
chairman of the Committee on Foreign Affairs, for himself and the 
ranking minority member of the Committee, or by Members of the 
House designated by the chairman and ranking minority member; 
and shall be introduced (by request) in the Senate by the m^ority 
leader of the Senate, for himself and the minority leader of the 
Senate, or by Members of the Senate designated by the mgyority 
leader and minority leader of the Senate. If either House is not in 
session on the day on which such an ^eement for cooperation is 
submitted, the joint resolution shall be introduced in that House, £is 
provided in the preceding sentence, on the first day thereafter on 
which that House is in session. 
"(3) All joint resolutions introduced in the House of Representji-
tives shall be referred to the appropriate committee or committees, 
and all joint resolutions introduced in the Senate shall be referred 
to the Committee on Foreign Relations and in addition, in the casie 
of a proposed Eigreement for cooperation arranged pursuant to 
section 91 c, 144 b., or 144 c, the Committee on Armed Services. 
42 use 2121, 
"(4) If the committee of either House to which a joint resolution 
2164. 
has been referred has not reported it at the end of 45 days after ite 
introduction, the committee shall be discharged from furtner consid-
eration of the joint resolution or of any other joint resolution 
introduced with respect to the same matter; except that, in the case 
of a joint resolution which has been referred to more than one 
committee, if before the end of that 45-day period one such commit-
tee has reported the joint resolution, any other committee to which 
the joint resolution was referred shall be discharged from further 
consideration of the joint resolution or of any other joint resolution 
introduced with respect to the same matter. 
"(5) A joint resolution under this subsection shall be considered in 
the Senate in accordance with the provisions of section 601(bX4) of 
the International Security Assistance and Arms Export Control Act 
of 1976. For the purpose of expediting the consideration and passage 
90 Stat. 765. 
of joint resolutions reported or discharged pursuant to the provi-
sions of this subsection, it shall be in order for the Committee on 
Rules of the House of Representatives to present for consideration a 
resolution of the House of Representatives providing procedures for 
the immediate consideration of a joint resolution under this subsec-
tion which may be similar, if applicable, to the procedures set forth 
in section 601(bX4) of the International Security Assistance and 
Arms Export Control Act of 1976. 
"(6) In the case of a joint resolution described in paragraph (1), if 
prior to the passage by one House of a joint resolution of that House, 
that House receives a joint resolution with respect to the same 
matter from the other House, then— 
99 STAT. 162 
PUBLIC LAW 99-64—JULY 12, 1985 
"(A) the procedure in that House shall be the same as if no 
joint resolution had been received from the other House; but 
"(B) the vote on final passage shall be on the joint resolution 
of the other House.". 
42 use 2153 
(d) APPUCABIUTY OF AMENDMENTS.—The amendments made by 
note. 
this section shall apply to any agreement for cooperation which is 
entered into after the date of the enactment of this Act. 
Approved July 12, 1985. 
LEGISLATIVE HISTORY—S. 883 (H.R. 1786): 
HOUSE REPORT No. 99-180 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
Apr. 3, considered and passed Senate. 
Apr. 16, H.R. 1786 considered and passed House; S. 883, amended, passed in 
lieu. 
June 27, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 28 (1985): 
July 12, Presidential statement.