Source(Pub. L. 96–72, § 7, Sept. 29, 1979, 93 Stat. 515; Pub. L. 99–64, title I, §§ 109, 110, July 12, 1985, 99 Stat. 137, 139; Pub. L. 100–180, div. A, title XII, § 1246, Dec. 4, 1987, 101 Stat. 1165; Pub. L. 100–418, title II, § 2424(a), Aug. 23, 1988, 102 Stat. 1359; Pub. L. 100–449, title III, § 305(a), Sept. 28, 1988, 102 Stat. 1876.)
References in Text
Section 812 of the Agricultural Act of 1970, referred to in subsec. (b)(1), which was classified to section 612c–3 of Title 7, Agriculture, was repealed by Pub. L. 101–624, title XV, § 1578, Nov. 28, 1990, 104 Stat. 3702.
Section 12106 of title 46, referred to in subsec. (d)(1)(C), was omitted, and its provisions restated, in the general amendment of chapter 121 of Title 46, Shipping, by Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491. See sections 12102, 12112, 12116, 12117, and 12119 of Title 46 and Prior Provisions note under new section 12106 of Title 46.
Section 7(g)(3) of the Export Administration Act of 1979, referred to in subsec. (g)(4)(A), is classified to subsec. (g)(3) of this section.
Section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g)(4)(E), is section 601(b)(4) of Pub. L. 94–329, June 30, 1976, 90 Stat. 729, which made provision for expedited procedures in the Senate, and is not classified to the Code.
A prior section 2406, Pub. L. 91–184, § 7, Dec. 30, 1969, 83 Stat. 845; Pub. L. 95–52, title I, §§ 113(a), 114, title II, § 201(c), June 22, 1977, 91 Stat. 241, 246, setting forth enforcement procedures applicable to the Export Administration Act of 1969, expired on Sept. 30, 1979.
1988—Subsec. (d)(1). Pub. L. 100–449 struck out “or” before “(B)” and inserted “, or (C) is transported to Canada, to be consumed therein, in amounts not to exceed an annual average of 50,000 barrels per day, in addition to exports under subparagraphs (A) and (B), except that any ocean transportation of such oil shall be by vessels documented under section 12106 of title 46, United States Code” after “reenters the United States”.
Subsec. (d)(4). Pub. L. 100–418 struck out par. (4) which provided that notwithstanding section 2419 of this Appendix, the provisions of this subsection expire Sept. 30, 1990.
1987—Subsec. (k). Pub. L. 100–180 added subsec. (k).
1985—Subsec. (c). Pub. L. 99–64, § 109, amended subsec. (c) generally to require the Secretary to make and publish certain determinations of private petitions as well as on self-initiated motions before imposing monitoring or controls or both on exports of metallic materials capable of being recycled, to require that each petition filed requesting the imposition of monitoring, controls, or both, on metallic materials capable of being recycled indicate that each of the criteria in par. (3)(A) is satisfied, to require the Secretary to publish certain determinations, including findings of fact in support of the determinations, before deciding whether to impose monitoring, controls, or both on exports of such material, including whether there has been a significant increase, in relation to a specific period of time, in exports of such material in relation to domestic supply and demand, and whether exports of such material are as important as any other cause of the domestic price increase or shortage relative to demand, to allow the Secretary to impose monitoring, controls, or both, on a temporary basis after a petition is filed if the Secretary considers such action to be necessary to carry out the policy set forth in section 3(2)(C) of the Act, but before the Secretary makes a determination under par. (3) only if failure to take such temporary action would result in irreparable harm to the entity filing the petition, or to the national economy or segment thereof, including a domestic industry, requires that if the Secretary determines, on his initiative, to monitor, control, or both, the export of such material, the Secretary shall publish the reasons for such determination in accordance with par. (3)(A) and (B), requires that exports of material be as important as any other cause of the increased domestic prices or shortage, and sets a standard under which exports need not be the sole or principal cause of the price rise or domestic shortage in order for exports of the material to be controlled or monitored.
Subsec. (d)(1). Pub. L. 99–64, § 110(a)(1), substituted “subject to paragraph (2) of this subsection” for “unless the requirements of paragraph (2) of this subsection are met”.
Subsec. (d)(2)(A). Pub. L. 99–64, § 110(a)(2), substituted “the President so recommends to the Congress after making and publishing” for “the President makes and publishes” in the provisions preceding cl. (i).
Subsec. (d)(2)(B). Pub. L. 99–64, § 110(a)(3), substituted “includes such findings in his recommendation” for “reports such findings” and “after receiving that recommendation, agrees to a joint resolution which approves such exports on the basis of those findings, and which is thereafter enacted into law” for “thereafter, agrees to a concurrent resolution approving such exports on the basis of the findings”.
Subsec. (d)(4). Pub. L. 99–64, § 110(a)(4), added par. (4).
Subsec. (e)(1). Pub. L. 99–64, § 110(b), substituted “In any case in which the President determines that it is necessary to impose export controls on refined petroleum products in order to carry out the policy set forth in section 3(2)(C) of this Act, the President shall notify the Congress of that determination. The President shall also notify the Congress if and when he determines that such export controls are no longer necessary. During any period in which a determination that such export controls are necessary is in effect, no” for “No”.
Subsec. (g)(3). Pub. L. 99–64, § 110(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “If the authority conferred by this section or section 6 is exercised to prohibit or curtail the export of any agricultural commodity in order to carry out the policies set forth in subparagraph (B) or (C) of paragraph (2) of section 3 of this Act, the President shall immediately report such prohibition or curtailment to the Congress, setting forth the reasons therefor in detail. If the Congress, within 30 days after the date of its receipt of such report, adopts a concurrent resolution disapproving such prohibition or curtailment, then such prohibition or curtailment shall cease to be effective with the adoption of such resolution. In the computation of such 30-day period, there shall be excluded the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.”
Subsec. (g)(4), (5). Pub. L. 99–64, § 110(d), added pars. (4) and (5).
Subsec. (i)(1). Pub. L. 99–64, § 110(c)(1), inserted “harvested from State or Federal lands” after “red cedar logs” in concluding provision.
Subsec. (i)(2). Pub. L. 99–64, § 110(c)(3), added par. (2). Former par. (2) redesignated (3).
Subsec. (i)(3), (4). Pub. L. 99–64, § 110(c)(2), redesignated former pars. (2) and (3) as (3) and (4), respectively. Former pars. (3) and (4) redesignated (4) and (5), respectively.
Subsec. (i)(5). Pub. L. 99–64, § 110(c)(2), redesignated former par. (4) as (5).
Subsec. (i)(5)(A). Pub. L. 99–64, § 110(c)(4), amended subpar. (A) generally, substituting “lumber of American Lumber Standards Grades of Number 3 dimension or better, or Pacific Lumber Inspection Bureau Export R-List Grades of Number 3 common or better” for “lumber without wane”.
Subsec. (j). Pub. L. 99–64, § 110(e), added subsec. (j) and struck out former subsec. (j) which related to the export of horses.
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties.
Section 19(b)(2) of Pub. L. 96–72 provided that: “Regulations implementing the provisions of section 7(c) of this Act [subsec. (c) of this section] shall be issued and take effect not later than January 1, 1980.”
Delegation of Functions
Functions conferred upon President under this section delegated to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set out under section 2403 of this Appendix, with exception of functions conferred upon President under subsec. (d)(2) of this section which were reserved to President.
Adequacy of Existing Statutory Restrictions on Export of Crude Oil Produced in Contiguous United States in Protecting Energy and National Security Interest and American Consumer; Study and Report to Congressional Committees
Section 2424(b) of Pub. L. 100–418 directed Secretary of Commerce, in consultation with Secretary of Energy, to submit to Congress not later than 12 months after Aug. 23, 1988, a report containing results of a comprehensive review undertaken to assess whether existing statutory restrictions on export of crude oil produced in contiguous United States were adequate to protect energy and national security interests of United States and American consumers, taking into account such things as adequacy of domestic supplies of crude oil and refined petroleum products in meeting national security as well as consumer needs in the United States generally and on West Coast particularly, and further provided for public hearing and comment on this review as well as consultation with other Federal agencies and committees of Congress.
Monitoring of Wood Exports
Section 2432 of Pub. L. 100–418 directed Secretary of Commerce, for a period of 2 years beginning on Aug. 23, 1988, to monitor exports of processed and unprocessed wood to all countries of the Pacific Rim, and to include results of such monitoring in monthly reports to Congress, setting forth, with respect to each item monitored, actual exports, destination by country, and domestic and worldwide price, supply, and demand.
Unprocessed Red Cedar Exempt From Export Regulations
Pub. L. 98–411, title V, § 514, Aug. 30, 1984, 98 Stat. 1575, provided that: “None of the funds appropriated or made available by this Act [Pub. L. 98–411] may be used to enforce or give effect to any restriction on the export of unprocessed western red cedar harvested from State lands pursuant to a harvesting contract entered into prior to October 1, 1979.”
Pub. L. 96–126, title III, § 308, Nov. 27, 1979, 93 Stat. 980, provided that: “Notwithstanding the provisions of any other law, the State of Alaska is exempted from application of the provisions of section 7(i) of the Export Administration Act of 1979 (Public Law 96–72) [subsec. (i) of this section].”
In making continuing appropriations for fiscal year 1981, Pub. L. 96–536, §§ 101(o), 102, Dec. 16, 1980, 94 Stat. 3169, as amended by Pub. L. 97–12, § 401, June 5, 1981, 95 Stat. 95, provided in part for the period Dec. 15, 1980, to Sept. 30, 1981: “such amounts as may be necessary for programs, projects, and activities provided for in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1981 (H.R. 7584), to the extent and in the manner provided for in such Act as enacted by the Congress.” H.R. 7584, which was enacted by the Congress and vetoed by the President Dec. 13, 1980, contained a section 610 that read: “None of the funds appropriated or made available by this Act may be used to enforce or give effect to the quantitative restrictions required to be imposed by subsection 7(i)(1) of the Export Administration Act of 1979 (Public Law 96–72) [subsec. (i)(1) of this section] in any way which would make such restrictions applicable to the export of: (a) up to ninety million board feet (computed without regard to exports or export authorizations made prior to the effective date of this Act) of unprocessed western red cedar harvested from State or Federal lands pursuant to a harvesting contract entered into prior to October 1, 1979, or any extension thereof; or (b) lumber of American Lumber Standards Grades of Number 3 dimensions or better, of Pacific Lumber Inspection Bureau Export R-List Grades of Number 3 Common or better.”. Continuing appropriations for fiscal year 1982 were made, subject to specified provisions and under the authority and conditions provided in the above cited appropriation Act for fiscal 1981, as follows: For the period Oct. 1, 1981, to Dec. 15, 1981, by Pub. L. 97–51, §§ 101(a)(1), (4), 102, Oct. 1, 1981, 95 Stat. 958, 959, 961, as amended by Pub. L. 97–85, Nov. 23, 1981, 95 Stat. 1098; and for the period Dec. 15, 1981, to Sept. 30, 1982, by Pub. L. 97–92, §§ 101(h), 102, Dec. 15, 1981, 95 Stat. 1190, 1193, as amended by Pub. L. 97–161, Mar. 31, 1982, 96 Stat. 22.