SENATE-Monday, March 12, 1984

March 12, 1981,. CONGRESSIONAL RECORD-SENATE 5121 SENATE-Monday, March 12, 1984 The Senate met at 12 noon and was have been granted in favor of two Sen issue, such as that proposed by Sena called to order by the President pro ators, Senators PROXMIRE and INOUYE, tor GoRTON, which is elegant in its tempore matter and appeal to a majority of the tions are in preparation for saying Senate in the constitutional sense, that I am where I was when I began. I which requires two-thirds of the am not seeking a religious advantage SENATE SCHEDULE quorum of the Senators present to ap for any group. I am not trying to es Mr. BAKER. Mr. President, it might prove a constitutional amendment and tablish a religion. I am simply trying be well to restate the program for send it to the House of Representa to make the state neutral in matters today which was placed in the RECORD tives. of religion, especially in our public as the last item of business on Thurs But I have reached the place, Mr. schools. day. President, where, having spent a week I have no pride of authorship in any First of all, Members will recall that on general debate, if I may be so gen thing that I have proposed. I am not the Senate, as we usually do at the erous as to so characterize it, that we going to embrace quickly any proposal end of the week, adjourned rather may waste more time trying to com until I have had time to hear it and than recessed on Thursday. so this is a promise than we would trying to deal examine it and to observe the debate. new legislative day. However, on with the issue at hand. Thursday we entered a unanimous But, Mr. President, at some point I am reminded that we now, in gen the Senate must do its business, be consent order that provided that the eral terms, have the issue of vocal usual preliminaries pursuant to an ad versus silent prayer. There is an cause the Constitution enjoins on us journment would be dispensed with, amendment for each, for vocal or the heavy positive responsibility of and they included the reading of the silent prayer as an option, which is the dealing with issues of this sort no Journal, and that order also provided essence of another proposal. There are matter how emotional-and, by the that no resolution could come over amendments dealing with equal access way, and parenthetically, I said at the under the rule, provided that the call for religious groups, as well as secular beginning I wanted to try to deemo of the calendar would be dispensed groups in public places, particularly tionalize this debate. I think I did so in with, and provided also that the morn public schools. There is a proviso cur spades. As a matter of fact, there were ing hour be deemed to have expired, rently being discussed about setting few speakers last week. We did not which has procedural significance that aside separate and equivalent accom have many takers. So we have accom most Members will recognize. modations for silent meditation or plished that, anyway. Mr. President, after the two leaders prayer, as well as vocal prayer. And But, Mr. President, I do not propose are recognized under the standing there are reformulations of a constitu to try to cut off any Senator. The order this morning, special orders tional amendment dealing with this leadership on this side does not pro-

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 5122 CONGRESSIONAL RECORD-SENAtE March 12, 1981,. pose to file for cloture as long as we RECOGNITION OF THE Demand for steam coal for electric utili are doing important and significant MINORITY LEADER ties is stirring again, but many of the inquir ies coming in are from utility buyers seeking business; that is, as long as we are The PRESIDING OFFICER. Under going about the business of consider six- or nine-month deals to carry them past the previous order, the minority leader a possible United Mine Workers strike when ing, examining, and voting on amend is recognized. the current contract expires Oct. 1. ments. There will be no effort by the Mr. BYRD. Mr. President, I thank Unemployment rates in the seven Virginia leadership on this side to cut off those the Chair. coal counties still range upward to nearly 19 amendments. I may vote against them, The majority leader did not trans percent, and some local officials say the there may be a motion to table, or gress on my rights in any way. I am true figures are higher because some unem whatever, but my point is that the certain that all of us are interested in ployed workers have simply stopped looking his comments with respect to the work for jobs that are not there. The statewide leadership on this side has-and, inci figure for January was only 6 percent. dentally, I would almost bet I speak for the rest of the week. We thank In nearby West Virginia, which was even for the leadership on both sides when him. harder hit by mine layoffs last year, the pic I say that there is no desire to cut off ture is much the same. Employment gains any Senator who wishes to contribute A LONG DAY'S JOURNEY INTO have been larger, but jobless rates in two to this important debate. LIGHT coal counties, Wyoming and McDowell, were The minority leader, of course, will nearly 23 percent in January. speak for himself. Mr. BYRD. Mr. President, the The National Coal Association predicted Mr. President, my goal is to get on March 12 edition of the Washington last month that U.S. coal exports, which fell Post contains a very informative arti sharply last year, probably won't regain with the business at hand, to try to cle on the state' of the coal industry in their 1982 level of 105 million tons until well work our way through the amendment southern West Virginia and Virginia. into the 1990s. Even then, exports of the process. While it may not be likely The article is entitled, "Area Coal metallurgical, or "met," coal, which is used that we could put together agreed lan Country Faces Long Day's Journey principally in the steel-making process and guage, one thing is for sure: the Into Light." is the staple of this area, are expected to be Founding Fathers were inspired lower than in 1982. In a clear and straightforward About half of 1982 coal exports-52 mil indeed when they provided that we manner, the article describes the eco lion tons-moved through Norfolk and would work our will under the Consti nomic forces that affect the coal in other Virginia ports. Last year, such exports tution of the United States, even in dustry and the communities that through Virginia ports dropped by one matters affecting that Constitution. depend upon the industry. In particu third, to about 35 million tons, under the While negotiations may be endless, lar, the article discusses the tremen combined weight of the recession in Europe; the Senate will sooner or later produce dous competitive pressures that con increased competition from South African, a product. trol the price and production of coal Polish and Australian coal; higher rail transportation charges, and an extraordi So, Mr. President, I hope Members including the existence of foreign sup narily high value for the U.S. dollar on for will go forward with their amend pliers, the level of transportation eign exchange markets. ments and we can get votes on them. I rates, and the high value of the Ameri Executives of coal companies in the am willing to provide whatever time, can dollar as compared to other cur region, confronted by foreign buyers with within reason, indeed, necessary to rencies. threats to buy elsewhere unless prices are make sure that we examine all propos The author of the article concludes lowered, are gloomy about export prospects. als regarding a constitutional amend that the coal industry has a long way They can do little about the value of the ment, and finally reach the place to go before it returns to prosperity. dollar or the rail charges, which are now where the Senate may speak with one As an extractive, raw material indus completely deregulated. try, coal always lags behind any eco And as A. Denny Ellerman, executive vice voice and work its will on this matter. president of the National Coal Association Mr. President, I had the opportunity nomic improvement that occurs in the notes, the price of coal loaded for shipment to discuss these matters on the tele general economy. Some of the coal op at the mine is already lower in real terms phone with the distinguished Senator erators forced out of business in the than it was in 1976. from Connecticut

America every bit as much as it con Mr. President, our society can ac Mr. HELMS. Mr. Pre~ident, I ask flicted with the values of revolution commodate a great many things. If unanimous consent that the order for ary America. there are those who choose to reject the quorum call be rescinded. Proponents of a prayer amendment, any elements of our civilization, that The PRESIDING OFFICER and each other, and offering service or Mr. BAKER. Mr. President, I ask to designate the week of April 23-27, access to community services as needed; Whereas the month of May has historical unanimous consent to reconsider the 1984, as "National Student Leadership ly been proclaimed Older Americans Month, vote by which the joint resolution was Week" was considered, ordered to be and communities across the country are passed. engrossed for a third reading, read the giving special recognition to older persons Mr. BYRD. I move to lay that third time, and passed. and the role of senior centers in serving motion on the table. The preamble was agreed to. them; and The motion to lay on the table was The joint resolution and preamble Whereas the national theme for Older agreed to. Americans' month is Health and Physical are as follows: Fitness, and senior centers nationwide are viewed as centers of wellness and activity: S.J. REs. 215 LUPUS AWARENESS WEEK Whereas more than ten million young Now, therefore, be it Americans are participating in cocurricular Resolved by the Senate and House of Rep The joint resolution Mr. BAKER. Mr. President, I ask dent of the United States is authorized and to designate the week of November 25, unanimous consent to reconsider the requested to issue a proclamation calling 1984, through December 1, 1984, as vote by which the joint resolution was upon the citizens of the United States, local and State government officials, and inter "National Home Care Week," was con passed. ested groups to observe that week by engag sidered, ordered to be engrossed for a Mr. BYRD. I move to lay that ing in appropriate ceremonies, activities, third reading, read the third time, and motion on the table. and programs, thereby demonstrating their passed. The motion to lay on the table was support for our students' overall education. The preamble was agreed to. agreed to. Mr. BAKER. Mr. President, I ask The joint resolution and preamble unanimous consent to reconsider the are as follows: vote by which the joint resolution was S.J. REs. 237 JEWISH HERITAGE WEEK passed. Whereas organized home health care serv The joint resolution Mr. BYRD. I move to lay that ice to the elderly and disabled have existed to authorize and request the President motion on the table. in this country since the last quarter of the to issue a proclamation designating eighteenth century; May 6, through May 13, 1984, as The motion to lay on the table was Whereas home health care is recognized agreed to. as an effective and economical alternative to "Jewish Heritage Week" was consid unecessary institutionalization; ered, ordered to be engrossed for a Whereas caring for the ill and disabled in third reading, read the third time, and SENIOR CENTER WEEK their homes places emphasis on the dignity passed. and independence of the individual receiv The preamble was agreed to. The joint resolution ing these services; The joint resolution and preamble to authorize and request the President Whereas since the enactment of the medi are as follows: to designate the week of May 6, 1984, care program, including skilled nursing serv through May 12, 1984, as "Senior ices, physical therapy, speech therapy, S.J. RES. 241 Center Week," was considered, or social services, occupational therapy, and Whereas the Congress recognizes that an dered to be engrossed for a third read home health aide services, the number of understanding of the heritage of all Ameri home health agencies providing these serv can ethnic groups contributes to the unity ing, read the third time, and passed. ices has increased from less than five hun of our country; The preamble was agreed to. dred to more than four thousand; and Whereas intergroup understanding can be The joint resolution and preamble Whereas many private and charitable or further fostered through an appreciation of are as follows: ganizations provide these and similar serv- the culture, history, and traditions of the 5162 CONGRESSIONAL RECORD-SENATE March 12, 1984 Jewish community and the contributions of The motion to lay on the table was 1984, as "National Building Safety Jews of our country and society; and agreed to. Week" was considered, ordered to be Whereas the months of March, April, and May contain events of major significance in engrossed for a third reading, read the the Jewish calendar-Passover, the anniver CONTRIBUTION OF BLACKS TO third time, and passed. sary of the Warsaw Ghetto Uprising, Israeli AMERICAN INDEPENDENCE The preamble was agreed to. Independence Day, Solidarity Sunday for The joint resolution and preamble Soviet Jewry, and Jerusalem Day: Now, The joint resolution entitled "An Act to amend and reau States f 1J any property interest that person the seizures and forfeitures incurred, or al thorize the Export Administration Act of has in the goods or technology that were the leged to have been incurred, under the provi 1979", do pass with the following amend subject of the violation or that were used to sions of this subsection or section 11f!J of ment: Strike out all after the enacting facilitate the commission of the violation, this Act, insofar as such provisions of law clause and insert: and (2) any proceeds derived direcUy or in are applicable and not inconsistent with the directly by that person from the transaction SHORT TITLE provisions of this subsection or section 11 f!J from which the violation arose.". of this Act; except that all powers, rights, SECTION 1. 1 and II of this Act may TiUes (e) Section 11 fhJ of the Act, as redesignat and duties conjerred or imposed by the cus be cited as the "Export Administration ed by subsection fdJ of this section, is toms laws upon any officer or employee of Amendments Act of 1983". amended by striking out "or f/J" and insert the Department of the Treasury shall, for the TITLE I-AMENDMENTS TO EXPORT ing in lieu thereof"(/), or (g)". purposes of this subsection and section 11f!J ADMINISTRATION ACT OF 1979 ENFORCEMENT AUTHORITY of this Act, be exercised or performed by the REFERENCE TO THE ACT SEc. 103. Section 12faJ of the Act f50 Secretary or by such persons as the Secre SEc. 101. For purposes of this title, the U.S.C. App. 2411faJJ is amended- tary may designate.". Export Administration Act of 1979 shall be (1) by inserting "(1J" immediately before FINDINGS; DECLARATION OF POLICY referred to as "the Act". the first sentence; and (2) by adding at the end thereof the follow SEc. 104. fa)(1J Section 2 of the Act (50 VIOLATIONS ing new paragraphs: U.S.C. App. 2401J is amended in paragraph SEc. 102. fa) Section 11fbJ of the Act (50 "f2J The Secretary may designate any offi (3) by striking out "which would strengthen U.S.C. App. 2410fbJJ is amended by inserting cer or employee of the Department of Com the Nation's economy" and inserting in lieu alter paragraph (2) the following new para merce to do the following in carrying out en thereof "consistent with the economic, secu graphs: forcement authorities under this Act: rity, and foreign policy objectives of the "(3) Any person who conspires or attempts "fA) Execute any warrant or other process United States". to export anything contrary to any provi issued by a court or officer of competent ju (2) Section 2 of the Act is further amended sion of this Act or any regulation, order, or risdiction with respect to the enjorcement of by adding at the end thereof the following: license issued under this Act shall be subject the provisions of this AcL "f10J It is important that the administra to the penalties set forth in subsection fa), "fBJ Make arrests without warrant/or any tion of export controls imposed for foreign except that in the case of a violation of an violation of this Act committed in his or her policy purposes give special emphasis to the export control imposed under section 5 of presence or view, or if the officer or employ need to control exports of goods and sub this Act. such person shall be subject to the ee has probable cause to believe that the stances hazardous to the public health and penalties set forth in paragraph (1) of this person to be arrested has committed or is the environment that are banned or severely subsection. committing such a violation. restricted for use in the United States, which "(4) Any person who possesses any goods "(CJ Search without warrant or process exports could a/feet the international repu or technology- any person, place, or vehicle on which, and tation of the United States as a responsible "(A) with the intent to export such goods any baggage in which, the officer or employ trading partner. ". or technology in violation of an export con ee has probable cause to believe there are fbJ Section 3 of the Act (50 U.S.C. App. trol imposed under section 5 or 6 of this Act goods or technology being exported or about 2402) is amended by adding at the end there or any regulation, order, or license issued to be exported in violation of this AcL of the following: with respect to such control; or "(DJ Seize without warrant or process any "(12) It is the policy of the United States "fBJ knowing or having reason to believe goods or technology which the officer or em to sustain vigorous scientific enterprise. To that the goods or technology would be so ex ployee has probable cause to believe have do so requires protecting the ability of scien ported; been, are being, or are about to be exported tists and other scholars freely to communi shall, in the case of a violation of an export in violation of this AcL cate their research findings by means of control imposed under section 5, be subject "(EJ Carry firearms in carrying out any publication, teaching, conferences, and to the penalties set forth in paragraph (1) of activity described in subparagraphs fAJ other forms of scholarly exchange. this subsection and shall, in the case of a through fDJ. "f13J It is the policy of the United States violation of an export control imposed "f3HAJ Notwithstanding any other provi to control the export of goods and sub under section 6, be subject to the penalties sion of law, the authority of customs officers stances banned or severely restricted for use set forth in subsection fa). with respect to violations of this Act shall be in the United States in order to foster public "f5J Any person who takes any action with limited to fiJ inspection of or other search health and safety and to prevent injury to the intent to evade the provisions of this Act for and detention and seizure of goods or the foreign policy of the United States as or any regulation, order, or license issued technology at those places in which such of well as the credibility of the United States as under this Act shall be subject to the penal ficers are authorized by law to conduct such a responsible trading partner.". ties set forth in subsection fa), except that in searches, detentions, and seizures, and fiiJ the case of an evasion of a foreign policy or anll investigation conducted prior to such TYPES OF LICENSES national securitll control, such person shall inspection, search, detention. or seizure. SEc. 105. Section 4fa)(2J of the Act (50 be subject to the penalties set forth in para- Upon seizure by any customs officer of any U.S.C. App. 2403fa)(2JJ is amended to read graph (1J of this subsection.". goods or technology in the enforcement of as follows: 5164 CONGRESSIONAL RECORD-SENATE March 12, 1984 "f2J Licenses authorizing multiple exports, eign Assistance Act of 1961 of goods and paragraph f2J, or to approve a retransJer de issued pursuant to an application by the ex technology subject to export controls under scribed in paragraph f4J. The restrictions porter, in lieu of a validated license for each this section shall be eligible for a distribu contained in this subsection shall not apply such export, including but not limited to the tion license or other licenses authorizing in a particular case if the President deter following: multiple exports. The Secretary shall peri mines by Executive order that to apply the "fAJ A qualified general license, authoriz odically monitor exports made pursuant to prohibition in that case would be seriously ing exports of goods for approved end uses. such licenses in order to insure compliance prejudicial to the achievement of United "fBJ A distribution license, authorizing with the provisions of this Act.". States nonproliferation objectives or would exports of goods to approved distributors or feJ Section 5fg) of the Act is amended- otherwise jeopardize the common defense users of the goods. ( 1J in the second sentence by striking out and security and iJ, at least 60 days before "fCJ A project license, authorizing exports "by the latest such increase" and inserting the export, retransfer, or other activity au of goods or technology for a specified activi in lieu thereof "by the regulations",· and thorized is carried out, the President sub ty. f2J by inserting a.tter the first sentence the mits that Executive order, together with the "fDJ A service supply license, authorizing following: "The regulations issued by the reasons Jor his determination, to the Con exports of spare or replacement parts for Secretary shall establish as one criterion for gress.". goods previously exported. the removal of goods or technology from COORDINATING COMMITrEE "fEJ A comprehensive operations license, such license requirements the anticipated authorizing exports of goods or technology needs of the military of countries to which SEc. 107. Section 5fiJ of the Act f50 U.S. C. between and among a domestic concern and exports are controlled for national security App. 2404fi)) is amended by adding at the foreign subsidiaries, a.tfiliates, vendors, purposes. ". end thereof the following: joint venturers, and licensees of that con f!J Section 5fkJ of the Act is amended- "f5J Agreement to improve the Interna cern which are approved by the Secretary. ". f1J by inserting ", including those coun tional Control List and minimize the ap NATIONAL SECURITY CONTROLS tries not participating in the group known proval of exceptions to that list, strengthen SEc. 106. fa)(1J Section 5fa)(1J of the Act as the Coordinating Committee," a.tter enforcement and cooperation in enforce f50 U.S.C. App. 2404fa)(1JJ is amended by "other countries",· and ment efforts, provide suJJicient funding for inserting ajter the first sentence the follow f2J by striking out "section 3f9J" and in the Committee, and improve the structure ing new sentence: "The authority contained serting in lieu thereof "paragraphs f9J and and Junction of the Secretariat of the Com in this subsection includes the authority to f10J of section 3". mittee by upgrading professional staj/, prohibit or curtail the transfer of goods or fgJ Section 5 of the Act is amended by translation services, data base maintenance, technology within the United States to em adding at the end thereof the following new communications, and facilities. bassies and a.tfiliates of countries to which subsection.· "(6) Agreement to coordinate the systems exports of such goods or technology are con "(m) GoODS CONTAINING MICROPROCES of export control documents used by the par trolled under this section.". SORS.-Export controls may not be imposed ticipating governments in order to verijy ef f2J Section 5fa)(1J is further amended by under this section on a good solely on the fectively the movement of goods or technolo inserting "the Secretary of State, the Secre basis that the good contains an embedded gy subject to controls by the Committee from tary of the Treasury, the United States microprocessor, if such microprocessor the country of one such government to the Trade Representative," in the last sentence cannot be used or altered to perform Junc territory of the country of any other such a.tter the phrase "the Secretary of Defense, ". tions other than those it performs in the government or to any other country. fbJ Section 5fbJ of the Act is amended by good in which it is embedded. An export "(7J Agreement to establish uniform., ade adding at the end thereof the following new control may be imposed under this section quate criminal and civil penalties to more sentence: "No authority or permission to on a good containing such a microprocessor effectively deter diversions of items con export may be required under this section only on the basis that the Junctions of the trolled for export by agreement of the Com before goods or technology are exported in good itself are such that the good, if export mittee. the case of exports to a country which main ed, would make a significant contribution "(8) Agreement to increase onsite inspec tains export controls on such goods or tech to the military potential of any other coun tions by national enforcement authorities of nology cooperatively with the United States, try or combination of countries which the participating governments to insure except that the Secretary may require an would prove detrimental to the national se that end users who have imported items con export license Jor the export of such goods or curity of the United States. trolled for export by agreement of the Com technology to such end users as the Secre "(n) NUCLEAR EXPORTS.-Notwithstanding mittee are using such items for the stated tary may speci/y by regulation. The Secre section 17 of this Act or any other provision end uses, and that such items are, in fact, tary may also by regulation require any oJlaw- under the control of those end users. person exporting any such goods or technol "flJ no license may be issued under this "(9) Agreement to strengthen the Commit ogy otherwise subject to export controls Act for the export to a nonnuclear-weapon tee so that it Junctions effectively in control under this section to notify the Department state of goods or technology which are to be ling export trade in a manner that better of Commerce of those exports.". used in a nuclear production or utilization protects the national security of each partic fcJ Section 5fbJ of the Act is further facility, or which, in the judgment of the ipant to the benefit of all participants. amended- Secretary, are likely to be diverted for use in "(10) Agreement to provide for the imposi (1) by inserting "f1J" immediately before such a facility,· tion and enforcement of export sanctions by the first sentence; and the governments participating in the Com f2J by adding at the end thereof the follow "f2J no authorization to engage, directly or indirectly, in the production of any spe mittee against the Soviet Union or any ing: other country if the Soviet Union or other "f2J The export of goods and technology to cial nuclear material in a nonnuclear weapon state may be given; country commits violent acts against un the People's Republic of China should be armed civilians of another country.". subject to no greater restriction under this "f3J no license may be issued for the Act than the export of goods and technology export to a nonnuclear-weapon state of com FOREIGN AVA/LABILITY to any friendly nonaligned country. ". ponent parts or other items or substances es SEc. 108. fa) Section 5ff)(1J of the Act fSO fdJ Section 5feJ of the Act is amended by pecially relevant from the standpoint of U.S.C. App. 2404ff)(1JJ is amended by insert adding at the end thereof the following: export control because of their signijicance ing ajter the second sentence the following "f5J The export of technology and related for nuclear explosive purposes; and new sentence: "For purposes of the preced goods subject to export controls under this "f4J no retransJer to a nonnuclear-weapon ing sentence, the term 'detrimental to the section, including items on the list of mili state of any goods, technology, special nucle national security of the United States' tarily critical technologies developed pursu ar matertal, components, items, or sub means likely to result in a significant reduc ant to subsection fdJ of this section, shall be stances described in paragraphs flJ, f2J, and tion in the military capabilities of the eligible for a comprehensive operations li f3J may be approved; United States or likely to result in a signifi cense which would authorize, over a period unless the country to which the goods, tech cant advance in the military capabilities of of years and to countries other than those nology, components, items, or substances countries to which the goods or technology described in section 620f!J of the Foreign As will be exported or retransJerred, or in involved are controlled under this section." sistance Act of 1961, multiple exports andre which the special nuclear material is to be fb) Section Sff)(4J of the Act fSO U.S.C. exports between and among a domestic con produced, maintains International Atomic App. 2404f!H4JJ is amended by striking out cern and foreign subsidiaries, a.tfiliates, ven EneT(J'JI Agenc'JI sajeguards on all its peaceful the first sentence and inserting in lieu there dors, joint venturers, and licensees of that nuclear activities. The restrictions con of the following: "In any case in which concern which are approved by the Secre tained in the preceding sentence shall apply export controls are maintained under this taT'I/. to any decision made a.tter August 1, 1983, to section notwithstanding foreign availabil "f6J The export to countrtes other than issue a license descrtbed in paragraph f1J or ity, on account of a determination by the those descrtbed in section 620f!J of the For- f3J, to give an authorization described in President that the absence of the controls March 12, 1981, CONGRESSIONAL RECORD-SENATE 5165 would prove detrimental to the national se export of the goods or technology, on ac modity control list pursuant to subpara curity of the United States, the President count of the foreign availability, (BJ the Sec graph fAJ and whether the completed list re shall take the necessary steps to conduct ne retary has recommended to the President flected the intent of the Congress in enact gotiations with the governments of the ap that negotiations be conducted to eliminate ing this subsection. In conducting such eval propriate foreign countries /or the purpose the foreign availability, or fCJ the Secretary uation, the General Accounting Of/ice shall of eliminating such availability. 1/, within 6 has determined on the basis of the investiga have access to all in/ormation relating to months after the President's determination, tion that the foreign availability does not the list of militarily critical technologies. the foreign availability has not been elimi exist. To the extent necessary, the report Not later than April 1, 1985, the General Ac nated, the Secretary may not, after the end may be submitted on a classified basis. In counting Of/ice shall submit a detailed of that 6-month period, require a validated any case in which the Secretary has recom report to the Congress on the results of the license /or the export of the goods or technol mended to the President that negotiations evaluation conducted pursuant to this sub ogy involved. The President may extend the be conducted to eliminate the foreign avail paragraph. 6-month period described in the preceding ability, the President shall take the neces "fCJ The Secretary and the .Secretary of sentence for an additional period of one sary steps to conduct such negotiations with Defense, in integrating the list of militarily year if the President certifies to the Congress the governments of the appropriate foreign critical technologies into the commodity that the negotiations involved are progress countries. If, within 6 months after the Sec control list pursuant to subparagraph fAJ, ing and that the absence of the export con retary submits such report to the Congress, shall consider mechanisms to reduce the list trol involved would prove detrimental to the the foreign availability has not been elimi of militarily critical technologies. national security of the United States.". nated, the Secretary may not, after the end "f5J The Secretary of Defense shall estab fcJ Section 5f/H3J of the Act is amended to of that 6-month period, require a validated lish a procedure /or reviewing the goods and read as follows: license for the export of the goods or technol technology on the list of militarily critical ogy involved. The President may extend the "( 3J With respect to export controls im technologies at least annually after the inte 6-month period described in the preceding posed under this section, in making any de grated list is completed pursuant to para sentence for an additional period of one termination of foreign availability, the Sec graph f4HAJ, /or the purpose of removing retary shall accept the representations of ap year if the President certiftes to the Congress that the negotiations involved are progress from the list of militarily critical technol plicants unless such representations are ogies any goods or technology that are no ing and that the absence of the export con contradicted by reliable evidence, including longer militarily critical. The Secretary of trol involved would prove detrimental to the scientific or physical examination, expert Defense may, the integrated list is so national security of the United States. ". after opinion based upon adequate /actual in/or completed, add to the list of militarily criti mation, and intelligence in/ormation. ". MIIJTARILY CRITICAL TECHNOLOGIES cal technologies any good or technology that fdH1J Section 5f/H5J of the Act is amended SEc. 109. Section 5fdJ of the Act f50 U.S.C. the Secretary of Defense determines is mili to read as follows: App. 2404fd)J is amended by striking out tarily criticaL If the Secretary and the Sec "(5) The Secretary shall establish in the paragraphs (4) through (6) and inserting in retary of Defense disagree as to whether any Department of Commerce an Of/ice of For lieu thereof the following: change in the list of militarily critical tech eign Availability which shall be under the "f4HAJ The Secretary and the Secretary of nologies by the addition or removal of a direction of the Assistant Secretary of Com Defense shall complete the integration of the good or technology should also be made in merce for Trade Administration. The 0.1/ice list of militarily critical technologies into the commodity control list, the President shall be responsible for gathering and ana the commodity control list not later than shall resolve the disagreement not later than lyzing all the necessary in/ormation in order April 1, 1985. The integration of the list of 3 months after the change is made in the list for the Secretary to make determinations of militarily critical technologies into the com of militarily critical technologies. foreign availability under this Act. The Sec modity control list shall be completed with "f6J The Secretary of Defense shall, not retary shall make available to the Commit all deliberate speed, and the Secretary and later than April1, 1985, report to the appro tee on Foreign Affairs of the House of Repre the Secretary of Defense shall report to the priate committees of the Congress on efforts sentatives and the Committee on Banking, appropriate committees of the Congress, by the Department of Defense to assess the Housing, and Urban Affairs of the Senate at be/ore April 1, 1985, any circumstances impact that the transfer of goods or technol the end of each 6-month period during a which would preclude the completion of the ogy on the list of militarily critical technol fiscal year in/ormation on the operations of integrated list by that date. Any disagree ogies to countries to which exports are con the Of/ice during that 6-month period. Such ment between the Secretary and the Secre trolled under this section has had or will in/ormation shall include a description of tary of Defense as to whether a good or tech have on the military capabilities of those every determination made under this Act nology on the list of militarily critical tech countries.". during that 6-month period that foreign nologies should be integrated into the com availability did not exist, together with an modity control list shall be resolved by the CRITERIA FOR FOREIGN POLICY CONTROLS,· CON explanation of that determination.". President not later than November 1, 1984. SULTATION WITH OTHER COUNTRIEs,· REPORT (2) Section 5f/H6J of the Act is amended by Such integrated list shall include only a TO CONGRESS striking out "Office of Export Administra good or technology with respect to which the SEc. 110. fa) Section 6fbJ of the Act (50 tion" and inserting in lieu thereof "Office of Secretary finds that countries to which ex U.S.C. App. 2405fbJJ is amended to read as Foreign Availability". ports are controlled under this section do follows: feJ Section 5(/J of the Act is amended by not possess that good or technology, or a "fb) CRITERIA.-When imposing, expand adding at the end thereof the following new functionally equivalent good or technology, ing, or extending export controls on goods or paragraph: and the good or technology or functionally technology under this section, the President "f7J The Secretary shall issue regulations equivalent good or technology is not avail shall consider whether- with respect to determinations of foreign able in fact to such a country /rom sources "(1) the intended foreign policy purposes availability under this Act not later than 6 outside the United States in su.t/icient quan of the proposed controls can be achieved months after the date of the enactment of tit11 and of comparable quality so that the through negotiations or other alternative the Export Administration Amendments Act requirement of a validated license for the means,· 0/ 1983.". export of such good or technology is or f/J Section 5fhH6J of the Act is amended by would be ineffective in achieving the pur "f2J the proposed controls are compatible striking out "and provides adequate docu pose set forth in subsection fa) of this sec with the foreign policy objectives of the mentation" and all that follows through the tion, except in the case of a determination United States and with overall United end of the paragraph and inserting in lieu of the President with respect to goods or States policy toward the country to which thereof the following: "the technical adviso technology under subsection f/H1J of this exports are to be subject to the proposed con ry committee shall submit that certification section. The Secretary and the Secretary of trols,· to the Congress at the same time the certifi Defense shall jointly submit a report to the "f3J the proposed controls will have an ad cation is made to the Secretary, together Congress, not later than April 1, 1985, on ac verse effect on the economic or political re with the documentation for the certifica tions taken to carry out this subparagraph. lations of the United States with other tion, in accordance with the procedures es "(BJ The General Accounting Of/ice shall friendly countries; tablished pursuant to subsection f/H1J of evaluate the efforts of the Secretary and the "f4J the proposed controls will have a sub this section. The Secretary shall investigate Secretary of Defense to integrate the list of stantial adverse effect on the export per the foreign availabilit11 so certified and, not militarily critical technologies into the com formance of the United States, on the com later than 90 da11s alter the certi/ication is modity control list, and the Jeasibilit11 of petitive position of the United States in the made, shall submit a report to the technical such integration. In conducting such eval international econom11, on the international advisory committee and the Congress stat uation, the General Accounting Of/ice shall reputation of the United States as a reliable ing that fA) the Secreta111 has removed the determine whether foreign availabilitll was supplier of goods and technolow. or on the requirement of a validated license Jor the used as a criterion in developing the com- economic well-being of individual United 5166 CONGRESSIONAL RECORD-SENATE March 12, 1984 States industries, companies, and their em this subsection shall be specifically ad tion 110fa)(1) of this Act, is amended to read ployees and communities,· dressed in each report submitted pursuant as follows: "(5) the United States has the ability to to this paragraph. "(g) EXCLUSION FOR FOOD, MEDICINE, OR enforce the proposed controls effectively; "(3) To the extent necessary to further the MEDICAL SUPPLIES.-This section does not au "(6) the -proposed controls are likely to effectiveness of the export controls, portions thorize export controls on food, medicine, or achieve the intended foreign policy purpose; of a report required by paragraph (2) may be medical supplies. This section also does not and submitted to the Congress on a classified authorize export controls on donations of "f7HAJ the good or technology, or a simi basis, and shall be subject to the provisions goods intended to meet basic human needs. lar good or technology, is available in suffi of section 12fc) of this Act. It is the intent of the Congress that the cient quantity from sources outside the "(4) In the case of export controls under President not impose export controls under United States to the country to which ex this section which prohibit or curtail the this section on any goods or technology if he ports are to be subject to the proposed con export of any agricultural commodity, a determines that the principal effect of the trols, or (B) negotiations have been success report submitted pursuant to paragraph (2) export of such goods or technology would be fully concluded with the appropriate foreign shall be deemed to be the report required by to help meet basic human needs. This sub governments to ensure the cooperation of section 7fg)(3) of this Act.". section shall not be construed to prohibit the such governments in controlling the export fd) Section 6(i) of the Act, as redesignated President from imposing restrictions on the of such good or technology to the country to by subsection fbH1) of this section, is export of medicine, medical supplies, or food which exports are to be subject to the pro amended by striking out "(/), and (g)" and under the International Emergency Eco posed controls, except that the preceding inserting in lieu thereof "(e), (g), and (h)". nomic Powers Act. This subsection shall not provisions of this paragraph shall not apply apply to any export control on medicine, if the President determines that the pro EFFECT OF CONTROLS ON EXISTING CONTRACTS medical supplies, or food, other than dona posed controls are necessary to further ef AND LICENSES forts by the United States to counter inter SEc. 111. fa) Section 6 of the Act (50 U.S. C. tions, which is in effect on the effective date national terrorism or to promote observance App. 2405), as amended by section 110 of of the E:rport Administration Amendments of internationally recognized human this Act, is further amended by adding at the Act of 1983. Notwithstanding the preceding rights.". end thereof the following new subsection: provisions of this subsection, the President (b) Section 6 of the Act is amended- "(m) EFFECT OF CONTROLS ON EXISTING may impose export controls under this sec (1) by redesignating subsections (d) CONTRACTS AND LICENSES.-Any export con tion on medicine, medical supplies, food, or through fk) as subsections (e) through (l), re trols imposed under this section shall not donations of goods in order to carry out the spectively; and affect any contract to export entered into policy set forth in paragraph ( 13) of section (2) by inserting after subsection (c) the fol before the date on which such controls are 3 of this Act.". lowing new subsection: imposed or any export license issued under fb) Section fh) of the Act (50 U.S.C. App. "(d) CONSULTATION WITH OTHER COUN this Act before such date. The preceding sen 2405(g)), as redesignated by section TRIES.-Before export controls are imposed tence shall not apply in a case in which the 110fb)(1) of the Act, is amended- under this section, the President should con export controls imposed relate directly, im (1) by designating the existing text of sec sult with the countries with which the mediately, and significantly to actual or im tion fh) as paragraph "(1)"; and United States maintains export controls co minent acts of aggression or of internation (2) adding at the end thereof the following: operatively, and with such other countries al terrorism, to actual or imminent gross "(2) The President shall evaluate the re as the President considers appropriate, with violations of internationally recognized sults of his actions under paragraph (1) of respect to the criteria set forth in subsection human rights, or to actual or imminent nu this subsection by the end of the first 6- (b) and such other matters as the President clear weapons tests, in which case the Presi month period of controls imposed under this considers appropriate.". dent shall promptly notify the Congress of section and shall report the results of that fc) Section 6(/) of the Act, as redesignated the circumstances to which the export con evaluation to Congress by the end of such 6- by subsection fb)(1) of this section, is trols relate and of the contracts or licenses month period. amended to read as follows: affected by the controls. Any export controls "(3) In the event that the President's ef "(/) CONSULTATION WITH THE CONGRESS. described in the preceding sentence shall (1) The President may impose, expand, or forts are not successful in eliminating for affect existing contracts and licenses only so eign availability during the first 6-month extend export controls under this section long as the acts of aggression or terrorism, only after consultation with the Committee period when controls imposed under this violations of human rights, or nuclear weap paragraph are in effect, the Secretary shall on Foreign Affairs of the House of Repre ons tests continue or remain imminent. For sentatives and the Committee on Banking, thereafter take into account the foreign purposes of this subsection, the term 'con availability of goods or technology subject Housing, and Urban Affairs of the Senate. tract to export' includes, but is not limited "(2) Following consultation with the Con to controls. If the Secretary affirmatively de to, an export sales agreement and an agree gress in accordance with paragraph (1) and termines that a similar good or technology ment to invest in an enterprise which in before imposing, expanding, or extending is available in sufficient quantity from volves the export of goods or technology. ". export controls under this section, the Presi sources outside the United States to coun fb) Section 7 of the Act (50 App. 2406) is dent shall submit to the Congress a report- tries subject to such controls so that denial "(A) indicating how the proposed export amended by adding at the end thereof the of the license would be ineffective in achiev controls will further, significantly, the for following new subsection: ing the purposes of the controls, then, the "(k) EFFECT OF CONTROLS ON EXISTING CON eign policy of the United States or will fur Secretary shall issue a license for the export TRACTS.-Any export controls imposed under ther its declared international obligations,· of such goods or technology during the "(BJ specif11ing the conclusions of the this section shall not affect any contract to period of such foreign availability. The Sec President with respect to each of the criteria export entered into before the date on which retary shall remove such goods or technology set forth in subsection (b), and any possible such controls are imposed, including any from the list established pursuant to subsec adverse foreign policy consequences,· contract to harvest unprocessed western red tion (1) if he determines such action is ap "(C) describing the nature, the subjects, cedar fas defined in subsection fi)(4) of this propriate. and the results of the consultation with in section) from State lands, the performance "(4) The Secretary shall make a determi dustry pursuant to subsection (c) and with of which contract would make the red cedar nation of foreign availability on his own other countries pursuant to subsection fdJ; available for export. For purposes of this initiative or upon receipt of an allegation "(D) specifying the nature and results of subsection, the term 'contract to export' in that such availability exists from an export any alternative means attempted under sub cludes, but is not limited to, an export sales license applicant. The Secretary shall accept section (e), or the reasons tor imposing, ex agreement and an agreement to invest in an the applicant's representations made in panding, or extending the controls without enterprise which involves the export of writing and supported by clear and convinc attempting any such alternative means; and goods or technology. ". ing evidence, unless such representations "fEJ describing the availability from other fc) The amendment made by subsection are contradicted by reliable evidence, in countries of goods or technology comparable fa) shall not apply to export controls im cluding scientific or physical examination, to the goods or technology subject to the pro posed before the date of the enactment of expert opinion based upon adequate factual posed export controls, and describing the this Act. The amendment made by subsec information, or intelligence information. nature and results of the efforts made pursu tion (b) shall apply to export controls in "(SJ Paragraph ( 3) of this subsection shall ant to subsection (hJ to secure the coopera effect on the date of the enactment of this not apply in a case in which export controls tion of foreign governments in controlling Act and export controls imposed after such are imposed under subsections (i), (j), or fk) the foreign availability of such comparable date. of this section. goods or technolow. EXEMPTION FROM FOREIGN POLICY CONTROLS "(6) The Secretary shall promulgate regu The concerns expressed by Members of Con SEc. 112. (a) Section 6(g) of the Act (50 lations establishing procedures for carrying gress d-uring the consultations required by U.S.C. App. 2405fg)), as redesignated by sec- out this section.". March 12, 1981,. CONGRESSIONAL RECORD-SENATE 5167 FOREIGN POLICY CONTROLS .AUTHORITY "fAJ continuity of session is broken only PETITIONS FOR SHORT SUPPLY CONTROLS SEc. 113. fa) Section 6fa)(1J of the Act f50 by an adjournment of the Congress sine die, SEc. 116. fa) Section 7fc)(1)(AJ of the Act U.S.C. App. 2405fa)(1JJ is amended to read and f50 U.S.C. App. 2406fc)(1)(AJ) is amended to as follows: "In order to carry out the policy "fBJ the days on which either House is not read as follows: set forth in paragraph f2HBJ, f7J, f8J, or f13J in session because of an adjournment of "(c) PETITIONS FOR MONITORING OR CON of section 3 of this Act, the President may more than 3 days to a day certain are ex TROLS.-(l)(A) Any entity, including a trade prohibit or curtail the exportation from the cluded in the computation of any period of association, firm, or certified or recognized United States of any goods, technology, or time in which Congress is in continuous ses union or group of workers, which is repre other in/ormation produced in the United sion.". sentative of an industry or a substantial States, to the extent necessary to further sig fd) The amendments made by subsections segment of an industry which processes me nificantly the foreign policy of the United fa), fb), and fc) of this section shall not tallic materials capable of being recycled fi) States or to fulfill its declared international apply to export controls imposed under sec with respect to which an increase in domes obligations. The authority granted by this tion 6 of the Act be/ore the date of the enact tic prices or a domestic shortage, either of subsection shall be exercised by the Secre ment of this Act which are extended in ac which results /rom increased exports, is or tary, in consultation with the Secretary of cordance with such section 6 on or a.tter may be a substantial cause of adverse effect State, the Secretary of Defense, the Secretary such date of enactment. on the national economy or any sector there of Agriculture, the Secretary of the Treasury, CRIME CONTROL INSTRUMENTS of or on a domestic industry, and fiiJ with the United States Trade Representative, and respect to which a significant increase in ex SEc. 114. fa) Section 6fk)(1) of the Act (50 such other departments and agencies as the ports is or may be a substantial cause of ad U.S.C. App. 2405(k)(1)), as redesignated by Secretary considers appropriate, and shall verse effect on the national economy or any section 110fb)(V of this Act, is amended by be implemented by means of export licenses sector thereof or on a domestic industry, adding at the end thereof the following new issued by the Secretary. ". may transmit a written petition to the Sec sentence: "Notwithstanding any other provi fbJ Section 6fa) of the Act is further retary requesting the monitoring of exports sion of this Act, any determination of the amended by redesignating paragraphs (2) or the imposition of export controls, or both, Secretary- through f4) as paragraphs f3J through (5), with respect to such material, in order to respectively, and by inserting a.tter para " fA) of what goods or technology shall be carry out the policy set forth in section graph (1) the following new paragraph: included on the list established pursuant to 3f2HCJ of this Act.". "f2) Any export control imposed under subsection (l) of this section as a result of fb) Section 7fc)(1)(B) of the Act is amend this section shall apply to any transaction the export restrictions imposed by this sub ed- or activity undertaken with the intent to section shall be made with the concurrence evade that export control, even if that export of the Secretary of State, or (1) in clause fi) by striking out "and" a.tter "supply,"; and control would not otherwise apply to that "(B) to approve or deny an export license transaction or activity.". application to export crime control or detec (2) by striking out the period at the end fc) Section 6 of the Act, as amended by sec tion instruments or equipment shall be thereof and inserting in lieu thereof", and tions 110 and 111 of this Act, is further made in concurrence with the recommenda (iii) that the criteria set forth in paragraph amended by adding at the end thereof the tions of the Secretary of State submitted to (3)(A) of this subsection are satisfied.". following new subsection: the Secretary with respect to the application fc) Section 7fc)(1) of the Act is further "(n) EXPANDED AUTHORITY TO IMPOSE CoN pursuant to section 10fe) of this Act, amended by adding at the end thereof the TROLS.-(!) In any case in which the Presi following: except that if the Secretary does not agree dent determines that it is necessary to "fC)(i) For purposes of this subsection, the with the Secretary of State with respect to impose controls under this section- term 'substantial cause' means a cause any such determination, the matter shall be "(A) with respect to goods, technology, which is important and not less than any referred the President /or resolution. ". other in/ormation, or persons other than to other cause. fb) The amendment made by subsection that authorized by subsection fa)(1) of this "fii) Before March 1, 1984, the Secretary fa) shall apply to determinations of the Sec section; or shall issue regulations, in accordance with "fBJ without any limitation contained in retary of Commerce which are made on or section 553 of title· 5, United States Code, subsection fc), fd), fe), (g), fh), or fm) of this after the date of the enactment of this Act. which define the operative terms contained section, REIMPOSITION OF EXPORT CONTROLS in section 3f2HCJ of this Act and in this sub the President may impose those controls section, including but not limited to the fol only if the President submits that determi SEc. 115. fa) Section 6 of the Act, as amended by sections 110, 111, and 113 of lowing: 'excessive drain', 'scarce materials: nation to the Congress, together with a 'serious in./lationary impact of foreign report pursuant to subsection f/J of this sec this Act, is further amended by adding at the end thereof the following new subsection: demand', 'domestic shortage', 'increase in tion with respect to the proposed controls, domestic prices' and 'increase in the domes and only if a law is enacted authorizing the "(o) EXTENSION OF CERTAIN CONTROLS. Those export controls imposed under this tic price', 'representative of an industry or a imposition of those controls. If a joint reso substantial segment of an industry: 'domes lution authorizing the imposition of those section which were in effect on February 28, 1982, and ceased to be effective on March 1, tic industry', 'specific period of time', 'na controls is introduced in either House of tional economy or any sector thereof', 'sig Congress within 30 days of continuous ses 1982, September 15, 1982, or January 20, 1983 fexcept those controls with respect to nificant increase in exports', and 'adverse sion a.tter the Congress receives the determi effect'.". nation and report of the President, that the 1980 summer Olympic games), shall become effective on the date of the enact (d) Section 7fc)(3) of the Act is amended to joint resolution shall immediately be re read as follows: ferred to the Committee on Banking, Hous ment of this subsection, and shall remain in "f3HAJ Within 45 days a.tter the end of the ing, and Urban Affairs of the Senate and the effect until 1 year a.tter such date of enact 30-day or 45-day period described in para Committee on Foreign Affairs of the House ment. At the end of that 1-year period, any graph (2), as the case may be, the Secretary of Representatives. If either such committee of those controls made effective by this sub shall determine whether to impose monitor has not reported the joint resolution at the section may be extended by the President in ing or controls, or both, on the export of the end of 30 days of continuous session a.tter accordance with subsections fb) and (/) of its referral, such committee shall be deemed this section.". material which is the subject of the petition, to be discharged from further consideration fb) Section 6fj) of the Act, as redesignated in order to carry out the policy set forth in of the resolution. by section 110fbH1J of this Act, is amended section 3f2HCJ of this Act. In making such "(2) For purposes of this subsection, the by adding at the end thereof the following determination, the Secretary shall determine term 'joint resolution' means a joint resolu new sentence: "Any such determination whether- tion the matter a.tter the resolving clause of which has been made with respect to a coun "fi) there has been a significant increase, which is as follows: 'That the Congress, try may not be rescinded unless the Presi in relation to a specific period of time, in having received on a determina dent first submits to the Congress a report exports of such material; tion of the President under section 6fnH1J of justifying the rescission and certifying that "(ii) there has been a signijicant increase the Export Administration Act of 1979 with the country concerned has not provided sup in the domestic price of such material or a respect to the export controls which are set port tor international terrorism, including domestic shortage of such material and ex forth in the report submitted to the Congress support tor groups engaged in such terror ports are a substantial cause of such domes with that determination, authorizes the ism, tor the preceding 12-month period. ". tic price increase or domestic shortage; President to impose those export controls. ', fcJ The amendment made by subsection fbJ 11fiii) exports of such material are or may with the date of the receipt of the determina shall apply with respect to any export con be a substantial cause of adverse effect on tion and report inserted in the blank. trol made effective by the amendment made the national economy or any sector thereof "(3) For purposes of thi8 subsection- b71 subsection fa). or on a domestic industT7/; and 5168 CONGRESSIONAL RECORD-SENATE March 12, 1984 "fivJ monitoring or controls or both are REFINED PETROLEUM PRODUCTS quest asking /or the proper classification of necessary in order to carry out the policy set SEc. 118. Section 7fe)(1J of the Act (50 a good or technology on the commodity con forth in section 3f2HCJ of this Act. U.S.C. App. 2406(e)(1JJ is amended in the trol list, the Secretary shall. within 10 days "fBJ The Secretary shall publish in the first sentence by striking out "No" and in ajter receipt of the request, inJonn the Federal Register a detailed statement of the serting in lieu thereof "In any case in which person making the request of the proper reasons /or the Secretary's detennination the President detennines that it is necessary classification. pursuant to subparagraph fAJ of whether to to impose export controls on refined petrole "(2) In any case in which the Secretary re impose monitoring or controls, or both, in um products in order to carry out the policy ceives a written request Jor in/ormation cluding the findings of /act in support of set forth in section 3f2HCJ of this Act, the about the applicability of export license re that detennination. ". President shall notify the Congress of that quirements under this Act to a proposed feJ Section 7(c)(6J of the Act is amended to detennination. The President shall also export transaction or series of transactions, read as follows: notify the Congress if and when he deter the Secretary shall, within 30 days ajter re "(6) If a petition with respect to a particu mines that such export controls are no ceipt of the request, reply with that inJonna lar material or group of materials has been longer necessary. During any period in tion to the person making the request. considered in accordance with all the proce which a detennination that such export con dures prescribed in this subsection, the Sec "fmJ Not later than 90 days ajter enact trols are necessary is in effect, no". ment of this subsection, and not later than retary shall not consider any other petition .AGRICULTURAL EXPORTS with respect to the same material or group the end of each 3-month period thereajter, of materials which is filed within 6 months SEc. 119. faJ Section 7(g)(3J of the Act (50 the Secretary shall submit to the Committee a,Jter final action on the prior petition has U.S.C. App. 2406fg)(3JJ is amended by on Foreign Affairs of the House of Repre been completed. ". amending the second sentence to read as fol sentatives, and to the Committees on Bank (/J Section 7(cJ of the Act is further lows: "If the Congress, within 60 days ajter ing, Housing and Urban Affairs and on For amended- the date of its receipt of such report, does eign Relations of the Senate, a report listing (1J by striking out paragraph (8) and re not adopt a joint resolution approving such all applications completed during the pre designating paragraphs (9) and f10J as prohibition or curtailment, then such prohi ceding 90 days which required more than 60 paragraphs (8) and f9J, respectively,· bition or curtailment shall cease to be effec calendar days of processing be/ore notifica (2) by amending paragraph f8J, as redesig tive at the end of that 60-day period.". tion of a decision was sent to the applicant, nated by paragraph (1) of this subsection, to fbJ The third sentence of section 7(g)(3J of and all applications not yet decided which read as follows: the Act is amended by striking out "30-day" have been in process more than 60 calendar "(8) The authority under this subsection and inserting in lieu thereof "60-day". days. With regard to each such application shall not be construed to ajJect the authority LICENSING PROCEDURES the report shall identify (1J the application of the Secretary under any provision of this SEc. 120. fa) Section 10fcJ of the Act (50 case number, (2) the value of the goods or Act other than this section."; and U.S.C. App. 2409fcJJ is amended by striking technology to which the application relates, (3) by adding at the end thereof the follow out "90" and inserting in lieu thereof "60". (3) the country of destination of the goods, ing: (bJ Section 10ff)(2J of the Act is amended f4J the date on which the application was "(10J Notwithstanding subsection (aJ or (1) by inserting "in writing" ajter "inJonn received by the Secretary, (5) the date on (bJ of this section, no action in response to the applicant"; and which the Secretary granted or denied the an inJonnal or Jonnal request by any entity f2J by striking out ", and shall accord" application, (6) the date on which the notifi described in paragraph f1HAJ of this subsec and all that follows through the end of the cation of approval or denial of the applica tion to impose controls on or monitor the paragraph and inserting in lieu thereof a tion was sent to the applicant, f7J the total export of metallic materials capable of being period and the following: "Before a final de number of days which elapsed between re recycled shall be taken under this section tennination with respect to the application ceipt of the application, in its properly com except pursuant to this subsection. The Sec is made, the applicant shall be entitled- pleted form, and the earlier of the last day of retary, in any other case, may not impose "(AJ to respond in writing to such ques the 3-month period to which the report re controls on or monitor the export of metallic tions, considerations, or recommendations lates, or the date that notification of the materials capable of being recycled unless within 30 days aJter receipt of such inJonna Secretary's decision on the application was the Secretary makes the detennination re tion from the Secretary; and sent, and f8J if the application was referred quired by paragraph f3HAJ of this subsec "(BJ upon the filing of a written request to other departments or agencies, a list of tion with respect to such controls or moni with the Secretary within 15 days ajter the those departments or agencies, the dates on toring and complies with paragraph (3)(BJ receipt of such in/ormation, to respond in which the application was so referred, and with respect to that detennination. ". person to the department or agency raising the dates on which recommendations were (gJ Section 13faJ of the Act is amended by such questions, considerations, or recom received from each such agency or depart striking out "section 11fc)(2J" and inserting mendations.". ment. II more than 30 days elapses ajter re in lieu thereof "sections 7fcH1HCHiiJ and fcJ Section 10f/H3J of the Act is amended ferral of an application be/ore any such de 11fcH2J". f1J in the first sentence- partment or agency submits its recommen dations on such application to the Secre DOMESTICALLY PRODUCED CRUDE OIL fA) by inserting "the proposed" be/ore "denial" the first two places it appears; and tary, the report shall also list the divisions SEc. 117. Section 7fdJ of the Act (50 U.S.C. fBJ by striking out "denial" the third or of/ices within such department or agency App. 2406fdJJ is amended- place it appears and inserting in lieu there responsible for processing the application. (1) in paragraph (1J by striking out of "determination to deny the application"; Each report shall also include a summary of "unless" and all that follows through "met" and the number of applications, and the value of and inserting in lieu thereof "subject to (2J by inserting ajter the first sentence the the goods or technology involved in the ap paragraph f2J of this subsection"; following new sentence: "The Secretary shall plications, grouped according to the number f2J in paragraph f2HAJ by striking out allow the applicant at least 30 days to re of days before action on the applications "makes and publishes" and inserting in lieu spond to the Secretary's detennination was completed, as follows: 60-75 days, 76-90 thereof "so recommends to the Congress be/ore the license application is denied.". days, 91-105 days, 106-120 days, and over ajter making and publishing"; (d) Section 10 of the Act is amended- 120 days. The report shall also include a f3J in paragraph f2HBJ- (1J in the section heading bJI adding ",· summary by country of destination of the fAJ bJI striking out "reports such findings" OTHER INQUIRIES" ajter ".APPLICATIONS",· and number of applications, and the value of the and inserting in lieu thereof "includes such f2J by adding at the end thereof the Jollow goods or technology involved in the applica findings in his recommendation"; and ·ing new subsections: tions, on which action was not completed fBJ by striking out "thereajter" and all "(k) CHANGES IN REQUIREMENTS FOR APPLI· within 60 days.". that follows through the end of the sentence C.ATIONS.-Except as provided in subsection TECHNICAL .AMENDMENTS and inserting in lieu thereof "ajter receiving fb)(3J of this section, in any case in which, that recommendation, agrees to a joint reso ajter a license application is submitted, the SEc. 121. fa)(1J Section 7fiH1J of the Act lution approving such exports on the basis Secretary changes the requirements for such (50 U.S.C. App. 2406fi)(1JJ is amended in the of those findings which is therea.tter enacted a license application, the Secreta711 ma:v re last sentence b:v inserting "harvested from into law."; and quest appropriate additional in/ormation of State or Federal lands" aJter "red cedar (4) bJI adding at the end thereof the follow the applicant, but the SecretaTJI ma:v not logs". ing: return the application to the applicant f2J Section 7fiH4HAJ of the Act is amended "f4J Notwithstanding the provisions of without action because it fails to meet the to read as follows: section 20 of this Act, the provisions of this changed requirements. "fAJ lumber of American Lumber Stand subsection shall expire on September 30, "(lJ OTHER INQUIRIES.-(1) In anJI case in ards Grades of Number 3 dimension or 1987.". which the Secreta111 receives a written re- better, or Pacl.ftc Lumber Inspection Bureau March 12, 1984 CONGRESSIONAL RECORD-SENATE 5169 Export R-List Grades of Number 3 common hours of those exporters. The Secretary of fCJ providing technical consultation and or better;". Commerce shall conduct a study to deter project management assistance to United fbJ Section 17faJ of the Act (50 U.S. C. App. mine the feasibility of using computer ter States firms once foreign governments or 2416faJJ is amended by striking out ''Noth minals located at ports and other points of aviation concerns have awarded contracts ing" and inserting in lieu thereof "Except as exit from and entry into the United States to United States firms; and otherwise provided in this Act, nothing". in order to facilitate relevant agency inter fDJ assisting United States private sector fcJ Section 17 of the Act is further amend action and to reduce delays in the issuance civil aviation entities to develop training ed by adding at the end thereof the follow of export licenses under the Export Adminis programs, by providing Federal Aviation ing: tration Act ot 1979. Administration safety in/ormation, educa "(/) AGRICULTURAL ACT OF 1970.-Nothing TITLE II-EXPORT PROMOTION tional material, and advice. in this Act shall affect the provisions of the PROGRAMS fbJ the Secretary shall report to the Con last sentence of section 812 of the Agricul REQUIREMENT OF PRIOR AUTHORIZATION gress not later than April 30, 1985, on the tural Act of 1970 (7 U.S. C. 612c-3J. ". implementation of this program making rec SEc. 201. fa) Notwithstanding any other fdJ Section 38feJ of the Arms Export Con ommendations on the advisability of its trol Act f22 U.S.C. 2778feJJ is amended by provision of law, money appropriated to the continuation and expansion to involve striking out "(/)"and inserting in lieu there Department of Commerce tor expenses to other sectors of the economy and Federal de carry out any export promotion program of "(g)". partments or agencies. may be obligated or expended only if- AUTHORIZATION OF APPROPRIA.TIONS (1) the appropriation thereof has been pre AUTHORIZATION OF APPROPRIA. TIONS SEc. 122. fa) Section 18 of the Act f50 viously authorized by law enacted on or SEc. 202. There is authorized to be appro U.S.C. App. 2417J is amended to read as fol after the date of the enactment of this Act; priated tor each of the fiscal years 1984 and lows: or 1985 to the Department of Commerce to "AUTHORIZATION OF APPROPRIA. TIONS f2J the amount of all such obligations and carry out export promotion programs "SEC. 18. (a) REQUIREMENT OF AUTHORIZTNG expenditures does not exceed an amount $100,458,000. LEGISLATION.-(1) Notwithstanding any previously prescribed by law enacted on or BARTER ARRANGEMENTS other provision of law, money appropriated after such date. fbJ To the extent that legislation enacted SEc. 203. fa) The President shall, not later to the Department of Commerce tor expenses than one hundred eighty days after the date to carry out the purposes of this Act may be after the making of an appropriation to carry out any export promotion program of the enactment of this Act, submit to the obligated or expended only if- Congress a contingency plan tor the promo " fA) the appropriation thereof has been authorizes the obligation or expenditure thereof, the limitation contained in subsec tion of exports of agricultural commodities previously authorized by law enacted on or through the bartering of surplus agricultural after the date of the enactment of the Export tion fa) shall have no effect. fc) The provisions of this section shall not commodities produced in the United States Administration Amendments Act of 1983; or tor petroleum and petroleum products, and "fBJ the amount of all such obligations be superseded except by a provision of law enacted after the date of the enactment of tor other materials vital to the national in and expenditures does not exceed an terest, which are produced abroad, and amount previously prescribed by law en this Act which specifically repeals, modifies, or supersedes the provisions of this section. make recommendations as to the feasibility acted on or after such date. of implementing such bartering. "f2J To the extent that legislation enacted fdJ For purposes of this title, the term "export promotion program" means any ac fbJ Notwithstanding any other provision after the making of an appropriation to of law, the President is authorized- carry out the purposes of this Act authorizes tivity of the Department of Commerce de (1) to barter stocks of agricultural com the obligation or expenditure thereof, the signed to stimulate or assist United States modities acquired by the Government tor pe limitation contained in paragraph f 1J shall businesses in marketing their goods and services abroad competitively with business troleum and petroleum products, and tor have no effect. other materials vital to the national inter "f3J The provisions ot this subsection shall es from other countries, including but not est, which are produced abroad, in situa not be superseded except by a provision of limited to- tions in which sales would otherwise not law enacted after the date of the enactment (1) trade development (except tor the trade occur; and of the Export Administration Amendments adjustment assistance program) and dis (2) to purchase petroleum and petroleum Act of 1983 which specifically repeals, modi semination of foreign marketing opportuni products, and other materials vital to the fies, or supersedes the provisions of this sub ties and other marketing in/ormation to national interest, which are produced section. United States producers of goods and serv abroad and acquired by persons in the "fbJ AUTHORIZATION.-There are authorized ices, including the expansion of foreign to be appropriated to the Department of markets tor United States textiles and ap United States through barter tor agricultur Commerce to carry out the purposes of this parel and any other United States products; al commodities produced in and exported Act- (2) the development of regional and multi from the United States through normal com "f1J $24,600,000 tor each of the fiscal years lateral economic policies which enhance mercial trade channels. 1984 and 1985, of which tor each such fiscal United States trade and investment inter fcJ The President shall take steps to insure year $15,000,000 shall be available only tor ests, and the provision of marketing services that any barters described in subsections fa) enforcement, $2,100,000 shall be available with respect to foreign countries and re and fb)(1J and any purchases authorized by only tor foreign availability assessments gions; subsection fb)(2) safeguard existing export under subsections f!J and fh)(6J of section 5 f3J the exhibition of United States goods markets tor agricultural commodities oper of this Act, and $7,500,000 shall be available in other countries; ating on conventional business terms from tor all other activities under this Act,· and f4J the operations of the United States displacement by barters described in subsec "f2J such additional amounts tor each Commercial Service and the Foreign Com tions fa), fb)(1J, and fb)(2J. such fiscal year as may be necessary tor in mercial Service, or any successor agency; TITLE III-SOUTH AFRICA and creases in salary, pay, retirement, other em SHORT TITLE ployee benefits authorized by law, and other f5HaJ establishment of a cooperative pro gram, on a demonstration basis with the De SEc. 301. This title may be cited as the nondiscretionary costs.". "United States Policy Toward South Africa fbJ The amendment made by subsection partment of Transportation, consistent with Act of 1983". fa) shall take effect on October 1, 1983. provisions of this Act, the International Aviation Facilities Act, the Federal Aviation SUBTITLE 1-L.A.BOR STANDARDS TERMINATION OF AUTHORITY Act of 1958, and United States foreign policy SEc. 123. Section 20 of the Act f50 U.S.C. ENDORSEMENT AND IMPLEMENTATION OF FAIR goals to: EMPLOYMENT PRINCIPLES App. 2419) is amended to read as follows: fiJ initiate technical assistance programs "TERMINATION DATE with the aviation authorities of other gov SEC. 311. Any United States person who ernments; and ( 1J has a branch or office in South Africa, "SEc. 20. The authority granted by this Act or terminates on September 30, 1985. ". fii) initiate programs to assist United States firms in their efforts to export aero f2) controls a corporation, partnership, or HOURS OF OFFICE OF EXPORT ADMINISTRATION space products and services. Such programs other enterprise in South Africa, SEc. 124. The Secretary shall modify the may include, but are not limited to: in which more than twenty people are em office hours of the Office of Export Adminis fAJ use of United States firms in technical ployed shall take the necessary steps to tration of the Department of Commerce on assistance programs initiated with foreign insure that, in operating such branch, office, at least tour da11s of each workweek so as to governments; corporation, partnership, or enterprise, accommodate communications to the Office fB) assisting United States firms to pre those principles relating to emplo7!ment b11 exporters throughout the continental pare and submit proposals to foreign gov practices set forth in section 312 of this Act United States during the normal business ernments or foreign aviation concerns; are implemented. 5170 CONGRESSIONAL RECORD-SENATE March 12, 1984 STATEMENT OF PRINCIPLES fAJ providing assistance to black and plementation of those principles set forth in SEc. 312. fa) The principles referred to in other nonwhite employees for housing, section 312fa), and (2) to review periodical section 311 of this Act are as follows: health care, transportation, and recreation ly the reports submitted pursuant to section (1) Desegregating the races in each em either through the provision of facilities or 314faJ and, where necessary, to supplement ployment facility, including- services or providing financial assistance to the information contained in such reports. fA) removing all race designation signs; employees for such purposes, including the The Advisory Council shall be composed of fBJ desegregating all eating, rest, and expansion or creation of in-house medical ten members appointed by the Secretary work facilities; and facilities or other medical programs to im from among persons representing trade fCJ terminating all regulations which are prove medical care for black and other non unions committed to nondiscriminatory based on racial discrimination. white employees and their dependents; and policies, the United States Chamber of Com (2) Providing equal employment for all fBJ participating in the development of merce in South A/rica, and the South Afri employees, including- programs that address the education needs can academic community, and from among fA) assuring that any health, accident, or of employees, their dependents, and the local South African community and church lead death bene/it plans that are established are community. ers who have demonstrated a concern for nondiscriminatory and open to all employ (7J Recognizing labor unions and imple equal rights. In addition to the ten appoint ees, whether they are paid a salary or are menting fair labor practices, including- ed members of the Advisory Council, the compensated on an hourly basis; and fA) recognizing the right of all employees, United States Ambassador to South A/rica fBJ implementing equal and nondiscrim regardless of racial or other distinctions, to shall be a member of the Advisory Council, inatory terms and conditions of employ self-organization and to form, join, or assist ex officio. labor organizations, freely and without pen ment for all employees, and abolishing job fb) The Secretary shall establish in the alty or reprisal, and recognizing the right to reservations, job fragmentation, apprentice United States an American Advisory Coun refrain from any such activity; ship restrictions for blacks and other non cil to make policy recommendations with re fBJ refraining from- whites, and differential employment crite spect to the labor practices of United States ria, which discriminate on the basis of race (i) interfering with, restraining, or coerc ing employees in the exercise of their rights persons in South A/rica and to review peri or ethnic origin. odically the progress of such persons in car f 3) Establishing equal pay for all employ of self-organization under thts paragraph, fii) dominating or interfering with the for rying out the provisions of section 311 of ees doing equal or comparable work, includ this Act. The American Advisory Council ing- mation or administration of any labor orga nization, or sponsoring, controlling, or con shall be composed of 11 members appointed fA) establishing and implementing, as by the Secretary from among qualified per soon as possible, a wage and salary struc tributing financial or other assistance to it, fiiiJ encouraging or discouraging member sons, including officers and employees of the ture which is applied equally to all employ Department of State, the Department of ees, regardless of race, who are engaged in ship in any labor organization by discrimi nation in regard to hiring, tenure, promo Commerce, the Department of Labor, and equal or comparable work; the Equal Employment Opportunity Com fBJ reviewing the distinction between tion, or other condition of employment, fiv) discharging or otherwise disciplining mission, and representatives of labor, busi hourly and salaried job classi/ications, and ness, civil rights, and religious organiza establishing and implementing an equitable or discriminating against any employee who has exercised any rights of self-organi tions. The Secretary shall publish in the Fed and unified system of job classifications eral Register any recommendations made by which takes into account such review; and zation under this paragraph, and fvJ refusing to bargain collectively with the American Advisory Council under this fCJ eliminating inequities in seniority subsection. and ingrade bene/its so that all employees, any organization freely chosen by employees (c) Members of the Advisory Council in regardless of race, who perform similar jobs under this paragraph; are eligible for the same seniority and in fCJ allowing employees to exercise rights South A/rica and of the American Advisory grade benefits. of self-organization, including solicitation Council shall be appointed for 3-year terms, f4J Establishing a minimum wage and of fellow employees during nonworking except that of the members first appointed, three on each Council shall be appointed for salary structure based on a cost-of-living hours, allowing distribution and posting of index which takes into account the needs of union literature by employees during non terms of two years, and three on each Coun employees and their families. working hours in nonworking areas, and al cil shall be appointed for terms of one year, (5) Increasing, by appropriate means, the lowing reasonable access to labor organiza as designated at the time of their appoint number of blacks and other nonwhites in tion representatives to communicate with ment. Any member appointed to fill a va managerial, supervisory, administrative, employees on employer premises at reasona cancy occurring before the expiration of the clerical, and technical jobs for the purpose ble times; term for which the predecessor of such of significanUy increasing the representa fDJ allowing employee representatives to member was appointed shall be appointed tion of blacks and other nonwhites in such meet with employer representatives during only for the remainder of such term. jobs, including- working hours without loss of pay for pur fd) The United States Ambassador to fA) developing training programs that will poses of collective bargaining, negotiation South A/rica shall provide to the Advisory prepare substantial numbers of blacks and of agreements, and representation of em Council in South A/rica the necessary cleri other nonwhites for such jobs as soon as pos ployee grievances; cal and administrative assistance. The Sec sible, including- fEJ regularly informing employees that it retary shall provide such assistance to the fi) expanding existing programs and form is company policy to consult and bargain American Advisory CounciL ing new programs to train, upgrade, and im collectively with organizations which are fe) Members of the Advisory Council in prove the skills of all categories of employ freely elected by the employees to represent South A/rica and of the American Advisory ees, and them; and Council shall serve without pay, except that, fii) creating on-the-job training programs fFJ utilizing impartial persons mutually while away from their homes or regular and facilities to assist employees to advance agreed upon by employer and employee rep places of business in the performance of to higher paying jobs requiring greater resentatives to resolve disputes concerning services for the respective Councils, mem skills; election of representatives, negotiation of bers of the Advisory Councils shall be al fBJ establishing procedures to assess, iden agreements or grievances arising thereun lowed travel expenses, including per diem in tify, and actively recruit employees with po der, or any other matters arising under this lieu of subsistence, in the same manner as tential for further advancement; paragraph. persons employed intermittently in the Gov fCJ identi.fying blacks and other non (b) The Secretary may issue guidelines and ernment service are allowed expenses under whites with high management potential and criteria to assist persons who are or may be section 5703 of title 5, United States Code. enrolling them in accelerated management subject to this subtitle in compl1Jing with the programs; principles set forth in subsection fa) of this ENFORCEMENT; SANCTIONS fDJ establishing and expanding programs section. The Secretary may, upon request, SEc. 314. fa) Each United States person re to enable employees to further their educa give an advisory opinion to any person who ferred to in section 311 of this Act shall tion and skills at recognized education fa is or may be subject to this subtitle as to submit to the Secretary ( 1J a detailed and cilities; and whether that person t8 subject to thts sub fully documented annual report on the fEJ eatabltshing timetables to carry out tiUe or would be considered to be in compli progress of that person in compl1Jing with thil paragraph. ance with the principles set forth in subsec the provisions of this subtitle, and f2) such f6) Taking reasonable steps to improve the tion fa). other information as the Secretary deter qualitlf of employee&' lives outride the work ADVISORY COUNCILS mines is necessary. environment with respect to housing, trans SEc. 313. fa) The Secretary shall establish fb) In order to insure compliance with this portation, &chooling, recreation, and health, in South A/rica an Advisory Council f1J to subtitle and any regulations issued to carry including- advtse the Secretary with respect to the im- out thts subtitle, the Secretary- March 12, 1984 CONGRESSIONAL RECORD-SENATE 5171 f 1 J shall establish mechanisms to monitor greater, or imprisoned not more than five the Congress enacts a joint resolution ap such compliance, including onsite monitor years, or both. For purposes of paragraph f1J proving the waiver. ing with respect to each United States and this paTagraph, "goods" and "technolo fbJ Upon a written determination by the person referred to in section 311 of this Act gy" have the same meanings as are given President that the Government of South at least once in every two-year period; those terms in paragraphs f3J and f4J of sec Africa has terminated its practice of system f2J shall make reasonable efforts within a tion 16 of the Export Administration Act of atic racial discrimination and allows all the reasonable period of time to secure such 1979 fSO U.S.C. App. 2415). people of South Africa, regardless of race or compliance by means of con.terence, concil feJ The Secretary shall issue an order car ethnic origin, to participate tully in the iation. mediation. and persuasion; rying out any penalty imposed under para social, political, and economic life in that f 3J shall, in any case in which the Secre graph f1J or f2J of subsection fdJ. country, the provisions of this subtitle and tary has reason to believe that any person ff)(JJ The Secretary shall, at least once in any regulations issued to carry out this sub has furnished the Secretary with false inJor every two-year period, review and, in ac title shall cease to be effective. mation relating the provisions of this cordance with subsection fcJ, make a rede to SUBTITLE 2-PROHIBITION ON LOANS AND subtitle, recommend to the Attorney General termination with respect to the compliance IMPORTATION OF GoLD COINS that criminal proceedings be brought of each United States person referred to in against such person.· and section 311 of this Act with the provisions of LOANS TO SOrrrH AFRICA f4J may conduct investigations, hold hear this subtitle and any regulations issued to SEc. 321. (aJ No bank operating under the ings, administer oaths, examine witnesses, carry out this subtitle. laws of the United States may make any receive evidence, take depositions, and re f2J In the case of any United States person loan directly or through a foreign subsidiary quire by subpena the attendance and testi with respect to whom the Secretary makes a to the South African Government or to any mony of witnesses and production of all determination under subsection fcJ or para corporation. partnership, or other organiza books, papers, and documents relating to graph f1J of this subsection either that the tion which is owned or controlled by the any matter under investigation. person is not in compliance with this sub South African Government, as determined fcJ The Secretary shall, within ninety days title or any regulations issued to carry out under regulations issued by the Secretary. after giving notice and an opportunity tor a this subtitle, or that the compliance of the The prohibition contained in this subsec hearing to each United States person re person with this subtitle or those regulations tion shall not apply to loans for education ferred to in section 311 of this Act, make a cannot be established on account of a fail al, housing, or health facilities which are determination with respect to the compli ure to provide inJormation to the Secretary available to all persons on a totally nondis ance of that United States person with the or on account of the provision of false inJor criminatory basis and which are located in provisions of this subtitle and any regula mation to the Secretary, the Secretary shall, geographic areas accessible to all popula tions issued to carry out this subtitle. upon the request of that person and after tion groups without any legal or adminis fd)(JJ Any United States person with re giving that person an opportunity tor a trative restriction. spect to whom the Secretary makes a deter hearing, review and redetermine that per fbJ The prohibition contained in subsec mination under subsection fcJ or f!J of this son's compliance within sixty days after tion faJ of this section shall not apply to section either that the person is not in com that person files the first annual report pur any loan or extension of credit tor which an pliance with this subtitle or any regulations suant to subsection fa) of this section after agreement is entered into before the date of issued to carry out this subtitle, or that the the negative determination is made. the enactment of this Act. compliance of the person with this subtitle (g) Any United States person aggrieved by GOLD COINS or those regulations cannot be established a determination of the Secretary under sub on account of a failure to provide inJorma section fcJ or f!J of this section may seek ju SEc. 322. No person. including any bank tion to the Secretary or on account of the dicial review of that determination in ac operating under the laws of the United provision of false inJormation to the Secre cordance with the provisions of chapter 7 of States, may import into the United States tary, may not export any goods or technolo title 5, United States Code. any South African krugerrand or any other gy directly or indirectly to South Africa. fhJ The Secretary shall submit an annual gold coin minted in South Africa or offered f2JfAJ In addition to the penalties set forth report to the Congress on the compliance of for sal~ by the South African Government. in paragraph f1J, the Secretary may impose those United States persons referred to in ENFORCEMENT," PENALTIES upon any United States person subject to section 311 of this Act with the provisions of SEc. 323. fa) The Secretary, in consulta those penalties- this subtitle. tion with the Secretary of the Treasury and fiJ if other than an individual, a fine of REGULATIONS the Secretary of Commerce, shall take the not more than $1,000,000, or necessary steps to insure compliance with fiiJ if an individual, a fine of not more SEc. 315. fa) The Secretary shall, after con the provisions of this subtitle, including- than $50,000. sulting with the Advisory Councils estab fBJfiJ Any officer, director, or employee of lished pursuant to section 313 of this Act, (1) issuing such regulations as the Secre a United States person subject to the penal issue such regulations as are necessary to tary considers necessary to carry out this ties set forth in subparagraph fAJ, or any in carry out this subtitle. Such regulations subtitle; dividual in control of that United States shall be issued not later than one hundred (2) establishing mechanisms to monitor person, who knowingly and willjully or and eighty days after the date of the enact compliance with the provisions of this sub dered, authorized, acquiesced in. or carried ment of this Act. The Secretary shall estab title and any regulations issued pursuant to out the act or practice constituting the vio lish dates by which United States persons paragraph f1J of this subsection; lation involved and fiiJ any agent of such must comply with the different provisions of (3) in any case in which the Secretary has United States person who knowingly and this subtitle, except that the date for compli reason to believe that a violation of this sub willjully carried out such act or practice, ance with all the provisions of this subtitle title has occurred or is about to occur, refer shall be subject to a fine, imposed by the Sec shall not be later than one year after the ring the matter to the Attorney General tor retary, of not more than $10,000. date of the enactment of this Act. appropriate action; and fCJ A fine imposed under subparagraph fbJ Before issuing final regulations pursu (4) in any case in which the Secretary has fBJ may not be paid, directly or indirectly, ant to subsection fa), the Secretary shall reason to believe that any person has fur by the United States person committing the publish in the Federal Register the regula nished the Secretary with false inJormation violation involved. tions proposed to be issued and shall give relating to the provisions of this subtitle, re fDJ The payment of any fine imposed interested persons at least thirty days to ferring the matter to the Attorney General under this paragraph shall be deposited in submit comments on the proposed regula tor appropriate action. the miscellaneous receipts of the Treasury. tions. The Secretary shall, in issuing the fb)(JJ Any person. other than an individ In the event of the failure of any person to final regulations, take into account the com ual, that violates section 321 or 322 of this pay a fine imposed under this paragraph, ments so submitted. Act shall be fined not more than $1,000,000. the fine may be recovered in a civil action WAIVER OR TERMINATION OF PROVISIONS f2J Any individual who violates section in the name of the United States brought by SEc. 316. fa) In any case in which the 321 of this Act shall be fined not more than the Secretary in an appropriate United President determines that compliance by a $50,000, or imprisoned not more than five States district court. United States person with the provisions of years, or both. f3J Any United States person who exports this subtitle would harm the national secu (3) Any individual who violates section an11 goods or technology in violation of rit11 of the United States, the President may 322 of this Act shall be fined not more than paragraph f1J of this subsection shall, in ad waive those provisions with respect to that five times the value of the krugerrands or dition to any other penalty specified in this United States person if the President pub gold coins involved. subtitle, be fined. for each such violation, lishes each waiver in the Federal Register fc)(lJ Whenever a person other than an in not more than Jive times the value of the ex and submits each waiver and the justifica dividual violates section 321 or 322 of this ports involved or $50,000, whichever is tion tor the waiver to the Congress and if Act-

31-059 0-87-28 (Pt. 4)

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[!, 5172 CONGRESSIONAL RECORD-SENATE March 12, 1984 fA) any officer, director, or employee of this Act or any license or order issued under securities of the corporation, partnership, or such person, or any natural person in con this subtitle shall be fined not more than enterprise, if no other person owns or con trol of such person, who knowingly and will $50,000, or imprisoned not more than five trols fwhether directly or indirectly) an fully ordered, authorized, acquiesced in, or years, or both. equal or larger percentage; carried out the act or practice constituting fc)(J) Whenever a United States person fCJ the corporation, partnership, or enter the violation, and violates the regulations issued pursuant to prise is operated by the United States person fBJ any agent of such person who know section 331 of this Act or any license or pursuant to the provisions of an exclusive ingly and willfully carried out such act or order issued under this subtitle- management contract; practice, fA) any officer, director, or employee of fDJ a majority of the members of the board shall, upon conviction, be fined not more such person, or any natural person in con of directors of the corporation, partnership, than $10,000, or imprisoned not more than trol of such person who knowingly and will or enterprise are also members of the compa five years, or both. fully ordered, authorized, acquiesced in, or rable governing body of the United States f2) A fine imposed under paragraph (1) on carried out the act or practice constituting person; an individual for an act or practice consti the violation, and (E) the United States person has authority tuting a violation may not be paid, directly fBJ any agent of such person who know to appoint a majority of the members of the or indirectly, by the person committing the ingly ana willfully carried out such act or board of directors of the corporation, part violation itseTJ. practice, nership, or enterprise; or WAIVER BY PRESIDENT shall, upon conviction, be fined not more fFJ the United States person has authority SEc. 324. The President may waive the pro than $10,000, or imprisoned not more than to appoint the chief operating officer of the corporation, partnership, or enterprise. hibitions contained in sections 321 and 322 five years, or both. (2) A fine imposed under paragraph (1) on of this Act for a period of not more than one APPLICABILITY TO EVASIONS OF TITLE year if the President determines that the an individual for an act or practice consti tuting a violation may not be paid, airectly SEc. 343. fa) Subtitle 1 of this title shall Government of South Africa has made sub apply to any United States person who un stantial progress toward the full participa or indirectly, by the United States person committing the violation itseTJ. dertakes or causes to be undertaken any tion of all the people of South Africa in the transaction or activity with the intent to social, political, and economic life in that TERMINATION OF PROHIBITION evade the provisions of subtitle 1 of this title country and toward an end to discrimina SEc. 333. If the President determines that or any regulations issuea to carry out that tion based on race or ethnic origin, if the the Government of South Africa has maae subtitle. President submits any such determination, substantial progress toward the full partici fbJ Subtitle 2 of this title shall apply to and the basis tor the determination, to the pation of all the people of South Africa in any bank operating under the laws of the Congress, and if the Congress enacts a joint the social, political, and economic life in United States, or to any other person, who resolution approving the determination. that country and toward an ena to discrimi or which undertakes or causes to be under nation based on race or ethnic origin, the SUBTITLE 3-INVESTMENT IN SOUTH AFRICA taken any transaction or activity with the President shall submit that determination, PROHIBITION intent to evade the provisions of subtitle 2 ana the basis therefor, to the Congress. The of this title or any regulations issued to SEc. 331. The President shall, not later regulations issued pursuant to this subtitle, carry out that subtitle. than 90 days aJter the date of the enactment and any license or order issued under this (c) The regulations issued pursuant to sub of this Act. issue regulations prohibiting any subtitle, shall terminate upon enactment of title 3 of this title shall apply to any United United States person from making any in a joint resolution approving such determi States person who undertakes or causes to vestment in South Africa. For purposes of nation. be undertaken any transaction or activity the preceding sentence, the term "invest SUBTITLE 4-GENERAL PROVISIONS with the intent to evade the provisions of ment" means- COOPERATION OF OTHER DEPARTMENTS AND those regulations. flJ establishing or making a loan or other AGENCIES extension of credit tor the establishment of a CONSTRUCTION OF TITLE; SEVERABILITY business enterprise in South Africa, includ SEc. 341. fa) Each department and agency SEc. 344. fa) Nothing in this title shall be ing a subsidiary, a./filiate, branch, or office of the United States shall cooperate with the construed as constituting any recognition in South Africa,· and Secretary in carrying out the provisions of by the United States of the homelands re f2) investing funds in an existing enter this title, including, upon the request of the ferred to in section 342(3) of this Act. prise in South Africa, including making a Secretary, taking steps to insure compliance fb) If any provision of this title or the ap loan or other extension of credit. except that with the provisions of this title and any reg plication of this title to any person or cir this paragraph shall not be construed to pro ulations issued to carry out this title. cumstance is held invalid, neither the re hibit- (b) The Secretary may secure directly from mainder of this title nor the application of fA) an investment which consists of earn any department or agency of the United that provision to other persons or circum ings derived from an enterprise in South States information necessary to enable the stances shall be aJfectea thereby. Secretary to carry out the Secretary's Junc Africa established before the date of the en TITLE IV-SOVIET UNION actment of this Act and which is made in tions under this title. that enterprise; or DEFINITIONS GOLD COINS fBJ the purchase of securities on a securi SEc. 342. For purposes of this title- SEC. 401. No person, including any bank ties exchange. ( 1J the term "United States person" means operating under the laws of the Unitea any United States resident or national and The President may issue such licenses or States, may import into the Unitea States any domestic concern (including any per orders as are necessary to carry out this sec any gold coin minted in the Soviet Union or manent domestic establishment of any for offered tor sale by the Government of the tion. eign concern); ENFORCEMENT; PENALTIES Soviet Union. f2) the term "Secretary" means the Secre ENFORCEMENT; PENALTIES SEc. 332. fa) The President shall take the tary of State; necessary steps to insure compliance with f3) the term "South Africa" includes the SEc. 402. fa) The Secretary, in consulta the regulations issued pursuant to section Republic of South Africa; any territory tion with the Secretary of the Treasury and 331, including establishing mechanisms to under the administration, legal or illegal, of the Secretary of Commerce, shall take the monitor compliance with such regulations. South Africa,· and the "bantustans" or necessary steps to insure compliance with The President may also hold hearings, issue "homelands", to which South African blacks the provisions of section 401, including- subpenas, administer oaths, examine wit are assigned on the basis of ethnic origin, (1) issuing such regulations as the Secre nesses, receive evidence, take depositions, including the Transkei, Bophuthatswana, tary consiaers necessary to carry out section and require by subpena the attendance and and Venda; and 401; testimony of witnesses and production of all (4) a United States person shall be pre (2) establishing mechanisms to monitor books, papers, and documents relating to sumed to control a corporation, partnership, compliance with the provisions of section any matter under investigation. or other enterprise in South Africa if- 401 ana any regulations issuea pursuant to fbH1J Any United States person, other fA) the United States person bentificially paragraph f1J of this subsection; than an indiviaual, that violates the regula owns or controls (whether directly or indi (3) in any case in which the SecretaT1f has tions issued pursuant to section 331 of this rectly) more than 50 per centum of the out reason to believe that a violation of section Act or any license or order issued under this standing voting securities of the corpora 401 has occurred or is about to occur, refer subtitle shall be finea not more than tion, partnership, or enterprise; ring the matter to the Attorney General for $1,000,000. fBJ the United States person beneficially appropriate action; and f2) Anv individual who violates the regu owns or controls (whether directly or indi (4) in any case in which the Secretary has lations issued pursuant to section 331 of rectly) 25 per centum or more of the voting reason to believe that any penon has fur- March 12, 1984 CONGRESSIONAL RECORD-SENATE 5173 nished the Secretary with false in.formation The assistant legislative clerk read After the recognition of the two relating to the provisions of section 401, re as follows: leaders under the standing order, two ferring the matter to the Attorney General A concurrent resolution