Summary: H.R.4034 — 96th Congress (1979-1980)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (09/25/1979)

(Measure passed House, amended)

=Title I: Export Administration= - Export Administration Act Amendments of 1979 - Amends the Export Administration Act of 1969 to declare it the policy of the United States: (1) to restrict exports to countries violating Monroe Doctrine principles; (2) to cooperate with other countries in restricting exports; (3) to control export trade by U.S. citizens only in limited circumstances; and (4) to minimize restrictions on agricultural exports. Repeals provisions concerning the control and monitoring of exports and the information to be provided exporters.

Authorizes the Secretary of Commerce to issue validated, qualified general, general, or other export licenses depending on the circumstances. Requires the Secretary to maintain a commodity control list of goods or technology subject to export control.

Authorizes the President, through the Secretary, to restrict exports of goods or technology which would be detrimental to U.S. military security, by means of export licenses. Requires the Secretary to publicize the imposition of such controls.

Stipulates that particular attention shall be given to the difficulty of devising effective safeguards in issuing rules and regulations to carry out the national security controls. Stipulates that U.S. policy concerning export controls and individual countries shall not be based exclusively on the country's Communist or non-Communist status, but shall take into account various factors. Directs the Secretary to maintain, as part of the commodity list, a list of goods or technology subject to export controls to be revised periodically.

Directs the Secretary of Defense to develop a list of military critical technologies, emphasizing goods currently not possessed by countries subject to export controls, which would permit a major advance of such countries weapons systems. Requires such list to be completed and published in the Federal Register by October 1, 1980.

Specifies the conditions under which the Secretary of Commerce may require each type of export license. Encourages the use of a qualified general license to maximum extent possible. Requires the Secretary of Commerce to review periodically the availability outside the United States of goods or technology which require a validated export license and to make certain adjustments.

Requires the President to direct the Secretary of State to enter into negotiations with other appropriate governments to eliminate the foreign availability of goods and technology which are determined to be critical to U.S. security and would permit a significant contribution to the military potential of an adversary country. Stipulates that any determination of foreign availability, which would permit the export of goods or technologies, be supported by reliable evidence in writing. Directs Federal departments or agencies with export control responsibilities to furnish information concerning foreign availability of goods and technologies to the Office of Export Administration.

Requires the Secretary to establish a system of automatic annual increases in the performance levels of goods and technology required to have validated and qualified licenses in order to remove restrictions on those goods and technologies which are no longer detrimental to U.S. military security. Requires the Secretary to appoint technical advisory committees to advise the Secretary concerning export controls under such Act at the request of a substantial segment of any industry.

Directs the President to enter into negotiations with the governments participating in the Coordinating Committee of the Consultative Group concerning export controls. Requires U.S. citizens, who enter into agreements to export unpublished technical data to countries to which exports are restricted for national security purposes, to report such agreements to the Secretary. Directs the Secretary of State to be responsible for conducting negotiations with other countries to restrict the export of goods and technology detrimental to U.S. security.

Authorizes the President, through the Secretary, to restrict the exportation of goods or technology necessary: (1) to further significantly U.S. foreign policy or international responsibilities; (2) to secure the removal of restrictions on access to supplies; or (3) to encourage other countries to prevent the use of their territories or resources to aid international terrorism. Gives the Secretary of State the right to review any export license and appeal any decision to the President. Sets forth the criteria for such controls. Requires consultation with the industry concerned and with Congress (giving Congress an opportunity to veto such control) before imposing such controls. Requires the President to first attempt to secure the objectives of this Act through diplomatic means. Excludes from such controls, goods and technology which would help meet basic human needs, unless the President imposes restrictions pursuant to the International Emergency Economic Powers Act. Directs the Secretaries of Commerce and State to notify Congress before approving licenses for exports to countries concerning which the Secretary of State has made specific determinations. Requires the Secretary of Commerce to establish and maintain a list of goods subject to export controls for foreign policy purposes as part of the commodity control list.

Sets forth procedure for processing validated and qualified general export license applications. Authorizes the Secretary of Defense to review any proposed exports to countries to which exports are controlled for national security purposes. Permits the Secretary of Commerce to extend the prescribed time limitations for export license applications. Authorizes applicants for export licenses to file appeals with the Secretary and to bring court actions.

Directs the President to allocate export licenses using various factors, including the extent other countries engage in equitable trade practices with the United States in times of short supply.

Directs the Secretary to monitor exports which may have a serious adverse impact on the domestic economy.

Exempts oil which is exchanged with an adjacent foreign state resulting in lower prices for U.S. consumers from the prohibition against exporting domestically produced crude oil. Repeals the two year limitation on such prohibition. Requires congressional approval before oil subject to such prohibition may be exported. Authorizes the President to export oil otherwise prohibited, pursuant to an oil supply agreement.

Repeals the prohibition against exports to Uganda.

Permits entities which are representative of industries which process metallic materials capable of being recycled to petition the Secretary to monitor and/or impose export controls on such materials. Sets forth the procedures to be followed. Exempts, under specified circumstances, exportations pursuant to barter agreements from quantitative limitations imposed on exports to protect the domestic economy. Directs the Secretary of Agriculture to collect data regarding export sales of animal hides and skins.

Directs the Secretary of Commerce to require a validated license for the export of unprocessed western red cedar logs. Specifies quotas for the export of such loss. Declares standard aircraft equipment, to be exported to countries other than controlled countries, subject to export controls under the Export Administration Act of 1969.

Stipulates that neither the foreign policy controls nor the national security controls shall supersede control procedures established pursuant to the Nuclear Non-Proliferation Act of 1978. Amends the Export Administration Act of 1969 to increase the penalties for violating such Act. Establishes penalties for failure to report military or intelligence-gathering uses of goods and technologies exported to any Communist country by any person issued a validated export license.

Exempts confidential information obtained under such Act prior to June 30, 1980, from disclosure under the Freedom of Information Act. Permits the withholding of export licensing information after such date, unless the release of the information is determined to be in the national interest.

Requires the Secretary to submit annual reports to Congress concerning the administration of such Act. Authorizes the President and the Secretary to issue any necessary rules and regulations.

Authorizes appropriations through fiscal year 1981 to carry out the purposes of such Act. Terminates authority under such Act on September 30, 1983.

Prohibits the export of refined petroleum products or residual fuel oil without an export license specifically authorizing such export. Provides an opportunity for congressional review before such license may be granted.

Makes certain technical amendments to conform to the provisions of this Act.

Directs the Secretary to deny exports and prevent the further military use of goods and technology, subject to national security controls, whenever there is reliable evidence that such goods or technology have been diverted to significant military use.

Requires regulations implementing the export license application procedures to be issued and take effect by July 1, 1980.

=Title II: International Investment Survey Act= - Amends the International Investment Survey Act of 1976 to authorize appropriations for such Act through fiscal year 1981.

=Title III: Miscellaneous= - Amends the Agricultural Trade Development and Assistance Act of 1954 to permit representatives of the domestic beer industry to participate in certain export market development activities.