Page:United States Statutes at Large Volume 99 Part 1.djvu/153

 PUBLIC LAW 99-64—JULY 12, 1985 (3) FOREIGN AVAILABILITY CERTIFICATIONS.—Section 5(h)(6) is

99 STAT. 131 50 USC app.

amended by striking out "and provides adequate documenta- 2404. tion" and all that follows through the end of the paragraph and inserting in lieu thereof the following: "the technical advisory committee shall submit that certification to the Congress at the same time the certification is made to the Secretary, together with the documentation for the certification. The Secretary Report. shall investigate the foreign availability so certified and, not later than 90 days after the certification is made, shall submit a report to the technical advisory committee and the Congiress stating that— "(A) the Secretary has removed the requirement of a validated license for the export of the goods or technology, on account of the foreign availability, "(B) the Secretary has recommended to the President that negotiations be conducted to eliminate the foreign availability, or "(C) the Secretary has determined on the basis of the investigation that the foreign availability does not exist. To the extent necessary, the report may be submitted on a classified basis. In any case in which the Secretary has recommended to the President of U.S. President that negotiations be conducted to eliminate the foreign availability, the President shall actively pursue such negotiations with the governments of the appropriate foreign countries. If, within 6 months after the Secretary submits such report to the Congress, the foreign availability has not been eliminated, the Secretary may not, after the end of that 6-month period, require a validated license for the export of the goods or technology involved. The President may extend the 6-month period described in the preceding sentence for an additional period of 12 months if the President certifies to the Congress that the negotiations involved are progressing and that the absence of the export control involved would prove detrimental to the national security of the United States.". (i) STANDARD FOR FOREIGN AVAILABILITY.—Subsections (f)(D, (f)(2), and (h)(6) of section 5 are each amended by striking out "sufficient 50 USC app. 2404. quality" and inserting in lieu thereof "comparable quality", (j) TECHNICAL AMENDMENTS.—

(1) Subsection (f)(l) of section 5 is amended in the second sentence by striking out "such destinations" and inserting in lieu thereof "controlled countries". (2) Subsections (f)(4) and (h)(6) of section 5 are each amended by striking out "countries to which exports are controlled under this section" and inserting in lieu thereof "controlled countries". SEC. 108. FOREIGN POLICY CONTROLS.

(a) AUTHORITY.—Section 6(a) (50 U.S.C. App. 2405(a)) is amended— (1) in paragraph (1)— (A) by striking out "or (8)" and inserting in lieu thereof "(8), or (13)"; and (B) by inserting in the second sentence after "Secretary of State" the following: ", the Secretary of Defense, the J5ecretary of Agriculture, the Secretary of the Treasury, the United States Trade Representative,; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

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