Page:United States Statutes at Large Volume 99 Part 1.djvu/150

 99 STAT. 128

Establishment.

PUBLIC LAW 99-64—JULY 12, 1985 keep records of their respective advice, recommendations, or decisions in connection with any such license application or revision, including the factual and analytical basis of the advice, recommendations, or decisions. "(p) NATIONAL SECURITY CONTROL OFFICE.—TO assist in carrying out the policy and other authorities and responsibilities of the Secretary of Defense under this section, there is established in the Department of Defense a National Security Control Office under the direction of the Under Secretary of Defense for Policy. The Secretary of Defense may delegate to that office such of those authorities and responsibilities, together with such ancillary functions, aL' the Secretary of Defense considers appropriate. "(q) EXCLUSION FOR AGRICULTURAL COMMODITIES.—This section does not authorize export controls on Eigricultured commodities, including fats, oils, and animal hides and slans.". SEC. 106. MILITARILY CRITICAL TECHNOLOGIES,

Report.

(a) Section 5(d) (50 U.S.C. App. 2404(d)) is amended— (1) in paragraph (2)— (A) in subparagraph (B) by striking out "and" after "test equipment,"; (B) by adding "and" at the end of subparagraph (C); (C) by inserting after subparagraph (C) the following: "(D) keystone equipment which would reveal or give insight into the design and manufacture of a United States military system,"; and (D) by striking out "countries to which exports an controlled under this section" and inserting in lieu thereof the following: ", or available in fact from sources outside the United States to, controlled countries"; and (2) by striking out paragraphs (4) through (6) and inserting in lieu thereof the following: "(4) The Secretary and the Secretary of Defense shall integrate items on the list of militarily critical technologies into the control list in accordance with the requirements of subsection (c) of this section. The integration of items on the list of militarily critical technologies into the control list shall proceed with all deliberate speed. Any disagreement between the Secretary and the Secretary of Defense regarding the integration of an item on the list of militarily critical technologies into the control list shall be resolvec by the President. Except in the case of a good or technology for which a validated license may be required under subsection (f)(4) or (h)(6) of this section, a good or technology shall be included on the control list only if the Secretary finds that controlled countries do not possess that good or technology, or a functionally equivalent good or technology, and the good or technology or functionally equivalent good or technology is not available in fact to a controlled country from sources outside the United States in sufficient quantity and of comparable quality so that the requirement of a validated license for the export of such good or technology is or would be ineffective in achieving the purpose set forth in subsection (a) of this section. The Secretary and the Secretary of Defense shall jointly submit a report to the Congress, not later than 1 year after the date of the enactment of the Export Administration Amendments Act of 1985, on actions taiken to carry out this paragraph. For the pur;X)ses of this paragraph, assessment of whether a good or technology is

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