The text of the bill below is as of Aug 29, 1972 (Passed Congress).
aH4 PUBLIC LAW 92-412-AUG. 29, 1972 [86 STAT. Public Law 92-412 ^ ' - ' '' , . , - . . . August 29, 1972 • - •• AN A C T • ' - ' - •• ' ' - ' '^- ''"•'^^'• [S.3726] Tit extend and amend the Expurt Administration Act of UMil) to afford more equal export opportunity, to establish a Council on International Economic Policy, and for other purposes. oi * ;• • E q u a l export Be it enacted by the Senate and Hou>ie of Reinu-sentativesi of the opportunity; inter- f'nited Staters of Ame'rha. m ^'ongre-'ss ansemhled, n a t i o n a l economic policy. TITLE I — A M P : N I ) M E N T S T O T H E E X P O E T ADMIX- I S T R A T I O X ACT O F 19H9 Citation of title. SEC. 101. This title may be cited as the "Equal Export ()i)i)oi'timitA Act". 83 Stat. 8 4 1 . SEC. 10^2. Section 2(3) of the Export Adniinisti-ation Act of 196! 50 u s e app. 2401. is amended by inserting before the period at the end thereof a comnu and the following: "'particularly when export restrictions appliec by the United States are more extensive than export restriction imposed by countries with which the United States has defense treat; commitments". 50 u s e app. SEC. 108. Section 3 of the Export Administration Act of 19H9 i 2402. amended by adding at the end thereof the following: *'(6) I t IS the policy of the United States that the desirability c subjecting, or continuing to subject, particular articles, materials, c supplies, including technical data or other information, to I'i'nite States export controls should be subjected to review by and consult? tion with representatives of appropriate T'nited States Governmei agencies and qualified experts from i^rivate industry." SEC. 104. (a) Section 4(b) of the Export Administration Act c 50 u s e app. 1969 is amended— 2403. ., (1) by inserting " ( D r a f t e r " ( b ) " ; and (2) by adding at the end thereof the following new paragraphs Export decon- "(2) The Secretary of Commerce, in cooperation with apprr trol, i n v e s t i g a - tion. priate United States Government departments and agencies and th appropriate technical advisory committees established under sectioi Post, p. 645. .>(c), shall undertake an investigation to determine which articles materials, and supplies, including technical data and other informa tion, should no longer be subject to export controls because of theii significance to the national security of the United States. Notwith- standing the provisions of paragraph (1), the President shall remove unilateral export controls on the export from the United States of articles, materials, or supplies, including technical data or other infor- mation, which he determines are available without restriction from sources outside the United States in significant quantities and com- parable in quality to those produced in the United States, except that any such control may remain in effect if the President determines that adequate evidence has been presented to him demonstrating that the absence of such a control would prove detrimental to the national security of the United States. The nature of such evidence shall be included in the special report required by paragraph (4). "(3) I n conducting the investigation referred to in paragraph (2) and in taking the action required under such paragraph, the Secretary of Commerce shall give priority to those controls which apply to articles, materials, and supplies, including technical data and other information, for which there are significant potential export markets. Report to "(4) Not later than nine months after the date of enactment of the P r e s i d e n t and eongress. Equal Export Opportunity Act, the Secretary of Commerce shall submit to the President and to the Congress a special report of actions taken under paragraphs (2) and (3). Such report shall contain—
86 STAT. ] PUBLIC LAW 92-412-AUG. 29, 1972 645 " ( A ) a list of any articles, materials, and supplies, including- technical data and other information, which are subject under this Act to export controls greater than those imposed by nations with which the United States has defense treaty commitments, and the reasons for such greater controls; and " ( B ) a list of any procedures applicable to export licensing in the United States which may be or are claimed to be more burdensome than similar procedures utilized in nations with which the United States has defense treaty commitments, and the reasons for retaining such procedures in their present form.", (b) (1) Section 4(e) of such Act is amended to read as follows: 83 Stat. 842. "(e) The authority conferred by this section shall not be exercised 50 u s e app. 2403. with respect to any agricultural commodity, including fats and oils Agricultural or animal hides or skms, without the approval of the Secretary of commodities, Agriculture. The Secretary of Agriculture shall not approve the ^'"'^P''°"- exercise of such authority with respect to any such commodity during any period for which the supply of such commodity is determined by him to be in excess of the requirements of the domestic economy, except to the extent the President determines that such exercise of authority is required to effectuate the policies set forth in clause (B) or (C) of paragraph (2) of section 3 of this Act." 50 u s e app. 2402. (2) Any rule, regulation, proclamation, or order issued after July Effective date. 1, 1972, under section 4 of the Export Administration Act of 1969, exercising any authority conferred by such section with respect to any agricultural commodity, including fats and oils or animal hides or skins, shall cease to be effective upon the date of enactment of this Act. SEC. 105. Section 5 of the Export Administration Act of 1969 is 50 u s e app. 2404. amended by adding at the end thereof the following: " ( c ) ( 1 ) Upon written request by representatives of a substantial Technical ad- visory commit- segment of any industry which produces articles, materials and sup- tees, appointment. plies, including technical data and other information, which are subject to export controls or are being considered for such controls because of their significance to the national security of the United States, the Secretary of Commerce shall appoint a technical advisory committee for any grouping of such articles, materials, and supplies, including technical data and other information, which he determines is difficult to evaluate because of questions concerning technical mat- ters, worldwide availability and actual utilization of production and technology, or licensing procedures. Each such committee shall con- sist of representatives oi United States industry and government. No person serving on any such committee who is representative of industry shall serve on such committee for more than two consecutive years. "(2) I t shall be the duty and function of the technical advisory Duty and func* tion. committees established under paragraph (1) to advise and assist the Secretary of Commerce and any other department, agency, or official of the Government of the United States to which the President has delegated power, authority, and discretion under section 4(d) with respect to actions designed to carry out the policy set forth in section 3 of this Act. Such committees shall be consulted with respect to ques- tions involving technical matters, worldwide availability and actual utilization of productien and technology, and licensing procedures which may affect the level of export controls applicable to any articles, materials, or supplies, including technical data or other information, and including those whose export is subject to multilateral con- trols undertaken with nations with which the United States has defense treaty commitments, for which the committees have expertise. Such committees shall also he consulted and kept fully informed of
PUBLIC LAW 92-412-AUG. 29, 1972 [86 STAT. progress vvitli respect to the investigation required by section 4(b) (2) Ante, p . 644. of this Act. Nothing in this subsection shall prevent the Secretary from consulting, at any time, with any person representing industry or the general public regardless of whether such person is a member of a technical advisory committee. Members of the public shall be given a reasonable opportunity, pursuant to regulations prescribed by the Secretary of Commerce, to present evidence to such committees. Expenses,re- "(3) Upon request of any member of any such committee, the imbursement. Secretary may, if he determines it appropriate, reimburse such member for travel, subsistence, and other necessary expenses incurred by him in connection with his duties as a member. Meetings. "(4) Each such committee shall elect a chairman, and shall meet at least every three months at the call of the Chairman, miless the Chair- man determines, in consultation with the other membere of the commit- tee, that such a meeting is not necessary to achieve the purposes of this Committee termination. Act. Each such committee shall be terminated after a period of two years, unless extended by the Secretary for additional periods of two veal's. The Secretary shall consult each such committee with regard to such termination or extension of that committee." Ante, p . 133. SEC. 106. Section 14 of the Export Administration Act of 1969 is amended by striking out "August 1,1972" and inserting in lieu thereof ••June 80,1974". Confidential SEC. 107. Nothing in this title shall be construed to require the re- information. lease or publication of information which is classified pursuant to Executive order or to affect the confidentiality safeguards provided in 83 Stat. 8 4 5 . 50 u s e a p p . section 7(c) of the Export Administration Act of 1969. 2406. SEC. 108. The pi-ovisions of this title take effect as of the close of Effective d a t e . July 31,1972. T I T L E I I — ( X ) r N C I L ON I N T E R N A T I O N A L ECONOMIC POLICY SHORT T I T L E Citation of SEC. 201. This title may be cited as the "International Economic title. Policy Act of 1972". S T A T E M E N T OF PURPOSES SEC. 202. It is the purpose of this title to provide for closer Federal interagency coordination in the development of a more rational and orderly international economic policy for the United States. F I N D I N G S A N D POLICY SEC. 203. The Congress finds that there are many activities under- taken by various departments, agencies, and instrumentalities of the Federal Government which, in the aggregate, constitute the domestic and international economic policy of the United States. The Congress further fuids that the objectives of the United States with respect to a sound and purposeful international economic policy can be better accomplished through the closer coordination of (1) domestic and foreign economic activity, and (2) in particular, that economic tehavior which, taken together, constitutes United States interna- Council on tional economic policy. Therefore this Act establishes a Council on International Economic P o l i c y , International Economic Policy which will provide for— establishment. (A) a clear top level focus for the full range of international economic issues; deal with international economic policies includ- ing trade, investment, balance of payments, and finance as a coherent w^hole:
86 STAT. ] PUBLIC LAW 92-412-AUG. 29, 1972 647 (li) consistency between domestic and foreign economic policy: and (C) close coordination with basic foreign i)olicy objectives. The Congress intends that the Council shall be i)rovided with the o[)i)ortunity to (i) investigate problems with respect to the coordi- nation, implementation, and long-range development of international economic policy, and (ii) make appropriate findings and lecommen- dations for the purpose of assisting in the development of a i-ational and orderly international economic policy for the Ignited States. CREATION o r COUNCIL ON INTERNATIONAL ECONOMIC POLICY SEC. 204. There is created in the Executive Office of the President a Council on International Economic Policy (hereinafter refei-red to in this title as the "Council''). MEMBERSHIP SEC. 205. The Council shall be composed of the following members and such additional members as the President mav designate: (1) The President. (2) The Secretary of State. (3) The Secretary of the Treasury. (4) The Secretary of Defense. ' (5) The Secretary of Agriculture. (6) The Secretary of Commerce. (7) The Secretary of Labor. (8) TheDirectorof the Office of Management and Budget. (9) The Chairman of the Council of Economic Advisers. (10) The Special Representative for Trade Negotiations. The President shall be the Chairman of the Council and shall preside over the meetings of the Council; in his absence he may designate a member of the Council to preside in his place. DUTIES o r THE COUNCIL SEC. 206. Subject to the direction of the President, and in addition to performing such other functions as he may direct, the Council shall— (1) Assist and advise the President in the preparation of the International Economic Report required under section 207. (2) Review the activities and the policies of the United States Government which indirectly or directly relate to international economics and, for the purpose of making recommendations to the President in connection therewith, consider with some degree of specificity the substance and scope of the international eco- nomic policy of the United States, which consideration shall include examination of the economic activities of (A) the various agencies, departments, and instrumentalities of the Federal Gov- ernment, (B) the several States, and (C) private industry. (3) Collect, analyze, and evaluate authoritative information, current and prospective, concerning international economic mat- ters. Such evaluations shall include but not be limited to the impact of international trade on the level, stability, and financial rewards for domestic labor and the impact of the transnational corporation on international trade flows. (4) Consider policies and programs for coordinating the activi- ties of all the departments and agencies of the United States with one another for the purpose of accomplishing a more con- 82-081 O - 73 - 44
m^ PUBLIC LAW 92-412-AUG. 29, 1972 [86 STAT. C sisteiit international economic policy, and niiikc lecoinniemlations to the President in connection therewith. (5) Continually assess the progress and etfectivejiess of Fed- eral efforts to carry out a consistent international economic '• policy. (6) Make recommendations to the President for domestic and foreign programs which will promote a more consistent interna- tional economic policy on the part of the United States and private industry. Recommendations under this paragraph shall include, but shall not be limited to, policy proposals relating to monetary mechanisms, foreign investment, trade, the balance of payments, foreign aid, taxes, international tourism and avia- ' tion, and international treaties and agreements relating to all • such matters. I n addition to other appropriate objectives, such policy proposals should be developed with a view toward— (A) strengthening the TTnit<»,d States competitive position in world trade ; . :,. (B) achieving equilibrium in international payment accounts of the United States; (C) increasing exports of goods and services; (D) protecting and improving the earnings of foreign investments consonant with the concepts of tax equity and the need for domestic investment; ( E ) achieving freedom of movement of people, goods, capi- tal, information, and technology on a reciprocal and world- wide basis; ( F ) increasing the real employment and income of workers and consumers on the basis of international economic activity; - and f^ (G) preserving the diversified industrial base of the Ignited ^^ States. Econ^mfc'R"^ ort ^^^' ^^'^' ^^^ "^^^ President shall transmit to the Congress an annual submittal to ' report on the international economic position of the United States. Congress. Such report (hereinafter referred to as the "International Economic Report") shall be submitted not later than sixty days after the begin- ning of each regular session of the Congress, and shall include— (1) information and statistics describing characteristics of international economic activity and identifying significant cur- rent and foreseeable trends and developments; (2) a review of the international economic program of the Federal Government and a review of domestic and foreign eco- nomic conditions and other significant matters affecting the balance of international payments of the United States and of their effect on the international trade, investment, financial, and monetary position of the United States; 1, ; (3) a review of the impact of international voluntary stand- ards, the foreign investments of United States based transnational firms, and the level of foreign wage rates on the level, stability, and financial reward for domestic employment; and (4) a program for carrying out the policy objectives of this title, together with such recommendations for legislation as he may deem necessary or desirable. repon^s^^rc'on-^ (^) ^ ^ ^ President may transmit from time to time to the Con- gress, gress reports supplementary to the International Economic Repoi-t, each of which may include such supplementary or revised recom- mendations as he may deem necessary or desirable to arhieA-e the purposes and policy objectives set forth m this title.
86 STAT. ] PUBLIC LAW 92-413-AUG. 29, 1972 649 EXECUTIVE DIRECTOR A N D STAFF OF T H E C O U N C I L SEC. 208. (a) The staff of the Council shall be headed by an Execu- tive Director who shall be appointed by the President, and he shall be compensated at the rate now or hereafter provided for level I I of the Executive Schedule (5 U.S.C. 5313). He shall keep the Committee 83 Stat. 8 6 3 . on Banking, Housing and Urban Affairs of the Senate, the Commit- c oInformation ngressional to tee on Banking and Currency of the House of Representatives, the committees. Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and the Joint Economic Committee fully and currently informed regarding the activities of the Council. (b) (1) With the approval of the Council, the Executive Director may appoint and fix the compensation of such staff personnel as he deems necessary. Except as provided in paragraph (2), the staff of the Council shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive serv- 80 Stat. 378. ice, and shall be paid in accordance with the provisions of chapter 51 seq,5 u s e iOl et and subchapter I I I of chapter 53 of such title relating to classification 5 u s e 5101, 5331. and General Schedule pay rates. (2^ With the approval of the Council, the Executive Director may appoint and fix the compensation of one officer at a rate of basic com- pensation not to exceed the rate provided for level I V of the Federal Executive Salary Schedule, and appoint and fix the compensation of 5 u s e 5 3 1 5 . two officers at rates of basic compensation not to exceed the rate pro- vided for level V of the Federal Executive Salary Schedule. 5 u s e 5316. (c) With the approval of the Council, the Executive Director may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not 80 Stat. 4 1 6 . to exceed the daily equivalent of the rate provided for GS-18. 5 u s e 5332 note. (d) LTpon request of the Executive Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its per- sonnel to the Council to assist it in carrying out its duties under this title. SEC. 209. The provisions of this title shall expire on June 30, 1973, Expiration date unless extended by legislation enacted by the Congress. A U T H O R I Z A T I O N FOR A P P R O P R I A T I O N S SEC. 210. F o r the purpose of carrying out the provisions of this title, there are authorized to be appropriated not to exceed $1,400,000 for fiscal year 1973. Approved August 29, 1972. Public Law 92-413 AN ACT August 29, 1972 To amend section 2735 of title 10, United States Code, to provide for the finality [H. R. 5814] of settlement effected under section 2733, 2734, 2734a, 2734b, or 2737. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section 2735 Miutar^claims of title 10, United States Code, is amended to read as follows: 70A*stat? tss^' **% 2735. Settlement: final and conclusive "Notwithstanding any other provision of law, the settlement of a claim under section 2733,2734,2734a, 2734b, or 2737 of this title is final and conclusive." Approved August 29, 1972.