Summary: H.R.5840 — 95th Congress (1977-1978)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (05/18/1977)

(Conference report filed in House, H. Rept. 95-354)

Export Administration Amendments - =Title I: Export Administration Improvements and Extension= - Amends the Export Administration Act of 1969 to extend the authority granted by such Act to September 30, 1979.

Requires that appropriations to carry out the Export Administration Act of 1969 be specifically authorized by Congress for each fiscal year after October 1, 1977. Authorizes the appropriation of $14,033,000 for fiscal years 1978 and 1979 to carry out the purposes of the Export Administration Act.

Revises the criteria for imposition of export controls for national security purposes. Eliminates the authority of the Secretary of Commerce to assign priority to such controls.

Revises the authority of the President to impose export controls for national security purposes without regard to the availability of the controlled articles from sources other than the United States in order to require the President to predicate the imposition of controls on articles available from other sources upon a determination that absence of such a control would be detrimental to the national security of the United States.

Revises the policy for control of exports for national security purposes under such Act by redefining "controlled country.

Amends such Act to permit agricultural commodities purchased by or for a foreign country to remain in the United States free of quantitative limitations on exports relating to domestic supply and inflationary impact, upon approval by the Secretary of Commerce, in consultation with the Secretary of Agriculture, and under regulations for such export which the Secretary of Commerce is herein authorized to issue. Permits Congressional disapproval of any action by the President under such regulations to prohibit or curtail agricultural exports, including when export controls are imposed due to domestic shortages.

Specifies that any export license application under such Act shall be deemed approved within 90 days of its receipt unless disapproved or unless the applicant is notified that additional time is required for the decision. Excludes petroleum products refined in United States Foreign Trade Zones or in Guam from all quantitative export restrictions.

Prohibits the exportation of horses by sea for slaughter.

Prohibits, with certain limited exceptions, the export of domestically produced crude oil transported by pipeline.

Lengthens the term of industry representatives on the technical advisory committees from two to four years.

Directs the Secretary of Commerce to account for technical assistance and technical advisory committees in semiannual reports to Congress under such Act.

Increases the fine for violations of such Act to $25,000 for the first offense and to $50,000 for a subsequent offense. Increases the fine for prohibited exports to Communist-dominated nations to $50,000. Increases the civil penalty for such violation of such Act to $10,000. Permits suspension of the payment of export licensing penalties for a probationary period.

Stipulates that information obtained under the Export Administration Act shall be made available upon request to any Congressional committee or subcommittee of appropriate jurisdiction.

Requires the President to make every reasonable effort to reduce aid to international terrorists before resorting to export controls for that purpose.

Amends the requirements for reports to Congress and to the President under such Act by appropriate departments of agencies to specify information to be included in such reports and to require semiannual rather than quarterly reports. Requires a special report to Congress by the President on multilateral export controls, and a special report to Congress by the Secretary of Commerce with respect to modification of unilateral and multilateral export control lists.

Requires the Secretary to report to Congress on the impact on national security of the transfer of technical data to controlled countries.

=Title II: Foreign Boycotts= - Amends the Export Administration Act of 1969 to direct the President to promulgate regulations: (1) to prohibit any United States person from supporting any boycott by a foreign country against any country friendly to the United States; and (2) to require the reporting of requests for such compliance to the Secretary of Commerce. Sets forth the exceptions, including unilateral selection, compliance with domestic law, and war risk exceptions relating to positive certification, which shall be provided for in such rules and regulations. States that the exceptions shall not permit activities or agreements (express or implied) otherwise prohibited, which are not within the intent of such exceptions.

Permits the suspension or revocation of the authority of any United States person to export as a penalty for violation of such regulations.