Page:United States Statutes at Large Volume 99 Part 1.djvu/155

 PUBLIC LAW 99-64—JULY 12, 1985

99 STAT. 133

(2) by inserting after subsection (c) the following new subsection: "(d) CONSULTATION WITH OTHER COUNTRIES.—When imposing

President of U.S.

export controls under this section, the President shall, at the earliest appropriate opportunity, consult with the countries with which the United States maintains export controls cooperatively, and with such other countries as the President considers appropriate, with respect to the criteria set forth in subsection (b)(1) and such other matters as the President considers appropriate.". (e) CONSULTATION WITH THE CONGRESS.—Section 6(f), as redesig-

Ante, p. 132.

nated by subsection (d) of this section, is amended to read as follows: "(f) CONSULTATION WITH THE CONGRESS.—(1) The President may

impose or expand export controls under this section, or extend such controls as required by subsection (a)(3) of this section, only after consultation with the Congress, including the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. "(2) The President may not impose, expand, or extend export controls under this section until the President has submitted to the Congress a report— "(A) specifying the purpose of the controls; "(B) specifying the determinations of the President (or, in the case of those export controls described in subsection (b)(2), the considerations of the President) with respect to each of the criteria set forth in subsection (b)(D, the bases for such determinations (or considerations), and any possible adverse foreign policy consequences of the controls; "(C) describing the nature, the subjects, and the results of, or the plans for, the consultation with industry pursuant to subsection (c) and with other countries pursuant to subsection (d); "(D) specifying the nature and results of any alternative means attempted under subsection (e), or the reasons for imposing, expanding, or extending the controls without attempting any such alternative means; and "(E) describing the availability from other countries of goods or technology comparable to the goods or technology subject to the proposed export controls, and describing the nature and results of the efforts made pursuant to subsection (h) to secure the cooperation of foreign governments in controlling the foreign availability of such comparable goods or technology. Such report shall also indicate how such controls will further significantly the foreign policy of the United States or will further its declared international obligations. "(3) To the extent necessary to further the effectiveness of the export controls, portions of a report required by paragraph (2) may be submitted to the Congress on a classified basis, and shall be subject to the provisions of section 12(c) of this Act. Each such report shall, at the same time it is submitted to the Congress, also be submitted to the General Accounting Office for the purpose of assessing the report's full compliance with the intent of this subsection. "(4) In the case of export controls under this section which prohibit or curtail the export of any agricultural commodity, a report submitted pursuant to paragraph (2) shall be deemed to be the report required by section 7(g)(3)(A) of this Act. "(5) In addition to any written report required under this section, the Secretary, not less frequently than annually, shall present in

President of U.S.

President of U.S. Report.

Report. Post, p. 150.

Report. Post, p. 140. Report.

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