[Congressional Record Volume 140, Number 90 (Wednesday, July 13, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                               AMENDMENTS

  Under Clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3937

           By Mr. BERMAN:


     (Pursuant to the rule, page and line numbers are to H.R. 4663)

     --Page 236, insert the following after line 6:
       (i) Regulation of Export of Certain Commercial 
     Communications Satellites and Associated Equipment.--
       (1) Regulation solely under this title.--Notwithstanding 
     any other provision of law, the export of commercial 
     communications satellites, including any integral components 
     of such satellites, which are designed for civil 
     applications, when exported as part of a satellite system for 
     purposes of launch, shall be regulated under this title, 
     except that this paragraph shall not apply to cryptographic 
     components of such satellites, ground stations, and test 
     equipment, that are controlled under the Arms Export Control 
     Act. The Secretary shall consult with the Secretary of 
     Defense and the Secretary of State to determine the 
     satellites and components to which this paragraph applies. 
     The Secretary, inconsultation with the Secretary of State and 
     the Secretary of Defense, shall prohibit the unauthorized 
     transfer of missile equipment, data, or technology that are 
     components of any such satellite which is authorized for 
     export.
       (2) Presidential determinations.--An item described in 
     paragraph (1) that is regulated under this title may be 
     subject to control under the Arms Export Control Act if the 
     President--
       (A) determines that extraordinary circumstances exist 
     affecting the national security of the United States, which 
     require that the item be controlled under the Arms Export 
     Control Act;
       (B) proposes to COCOM that the item be added to the 
     International Munitions List; and
       (C) not later than 10 days after making the determination 
     under subparagraph (A), submits a report to the Speaker of 
     the House of Representatives and the President pro tempore of 
     the Senate, describing in detail the reasons for the 
     determination, in appropriate classified form, as necessary.
       (3) Amendment to arms export control act.--Section 38(a) of 
     the Arms Export Control Act (22 U.S.C. 2778(a)) is amended--
       (A) in paragraph (3), by striking ``In exercising the 
     authorities'' and inserting ``Except as provided in paragraph 
     (4), in exercising the authorities''; and
       (B) by adding at the end the following new paragraph:
       ``(4) The export of commercial communications satellites, 
     when exported as part of a satellite system for purposes of 
     launch, may be regulated only by the Secretary of Commerce 
     under the Export Act of 1994, pursuant to section 117(i)(1) 
     of that Act.''.
       (4) Applicability.--The amendments made by this subsection 
     shall apply only with respect to the export of satellites on 
     or after the date of the enactment of this Act.
           By Mr. CUNNINGHAM;
     --Page 208, add the following after line 23:
       (s) Special Role of Secretary of Defense.--Notwithstanding 
     any other provision of this title, the Secretary of Defense 
     shall have the authority under this title to prohibit any 
     export of commodities or technology to North Korea, Iran, 
     Iraq, Syria, Libya, or Cuba.
           By Mr. GEJDENSON:
     --Add at the end of the bill the following new title:

               TITLE III--ENVIRONMENTAL EXPORT PROMOTION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Environmental Export 
     Promotion Act of 1994''

     SEC. 302. PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS.

       (a) Environmental Technologies Trade Advisory Committee.--
     Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4728) is amended--
       (1) by striking subsection (d);
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Environmental Technologies Trade Advisory 
     Committee.--
       (1) Establishment and Purpose.--The Secretary, in carrying 
     out the duties of the chairperson of the TPCC, shall 
     establish the Environmental Technologies Trade Advisory 
     Committee (hereafter in this section referred to as the 
     `Committee'). The purpose of the Committee shall be to 
     provide advice and guidance to the Working Group in the 
     development and administration of programs to expand United 
     States exports of environmental technologies, goods, and 
     services.
       (2) Membership.--The members of the Committee shall be 
     drawn from representatives of--
       ``(A) environmental businesses, including small businesses;
       ``(B) trade associations in the environmental sector;
       ``(C) private sector organizations involved in the 
     promotion of environmental exports;
       ``(D) States (as defined in section 2301(i)(5)) and 
     associations representing the States; and
       ``(E) other appropriate interested members of the public.

       The Secretary shall appoint as members of the Committee at 
     least 1 individual under each of subparagraphs (A) through 
     (E).
       ``(d) Export Plans for Priority Countries.--
       ``(1) Priority country identification.--The Working Group, 
     in consultation with the Committee, shall annually assess 
     which foreign countries have markets with the greatest 
     potential for the export of United States environmental 
     technologies, goods, and services. Of these countries the 
     Working Group shall select as priority countries 5 with the 
     greatest potential for the application of United States 
     Government export promotion resources related to 
     environmental exports.
       (2) Export plans.--The Working Group, in consultation with 
     the Committee, shall annually create a plan for each priority 
     country selected under paragraph (1), setting forth in detail 
     ways to increase United States environmental exports to such 
     country. Each such plan shall--
       ``(A) identify the primary public and private sector 
     opportunities for United States exporters of environmental 
     technologies, goods, and services in the priority country;
       ``(B) analyze the financing and other requirements for 
     major projects in the priority country which will use 
     environmental technologies, goods, and services, and analyze 
     whether such projects are dependent upon financial assistance 
     from foreign countries or multilateral institutions; and
       ``(C) list specific actions to be taken by the member 
     agencies of the Working Group to increase United States 
     exports to the priority country.''.
       (b) Additional Mechanisms To Promote Environmental 
     Exports.--Section 2313 of the Export Enhancement Act of 1988 
     is further amended by adding at the end the following:
       ``(f) Environmental Technologies Specialists in the United 
     States and Foreign Commercial Service.--
       ``(1) Assignment of environmental technologies 
     specialists.--The Secretary shall assign a specialist in 
     environmental technologies to the office of the United States 
     and Foreign Commercial Service in each of the 5 priority 
     countries selected under subsection (d)(1), and the Secretary 
     is authorized to assign such a specialist to the office of 
     the United States and Foreign Commercial Service in any 
     country that is a promising market for United States exports 
     of environmental technologies, goods, and services. Such 
     specialist may be an employee of the Department, an employee 
     of any relevant United States Government department or agency 
     assigned on a temporary or limited term basis to the 
     Commerce Department, or a representative of the private 
     sector assigned to the Department of Commerce.
       ``(2) Duties of environmental technologies specialists.--
     Each specialist assigned under paragraph (1) shall provide 
     export promotion assistance to United States environmental 
     businesses, including, but not limited to--
       ``(A) identifying factors in the country to which the 
     specialist is assigned that affect the United States share of 
     the domestic market for environmental technologies, goods, 
     and services, including market barriers, standards-setting 
     activities, and financing issues;
       ``(B) providing assessments of assistance by foreign 
     governments that is provided to producers of environmental 
     technologies, goods, and services in such countries in order 
     to enhance exports to the country to which the specialists is 
     assigned, the effectiveness of such assistance on the 
     competitiveness of United States products, and whether 
     comparable United States assistance exists;
       ``(C) training Foreign Commercial Service Officers in the 
     country to which the specialist is assigned, other countries 
     in the region, and United States and Foreign Commercial 
     Service offices in the United States, in environmental 
     technologies and the international environmental market;
       ``(D) providing assistance in identifying potential 
     customers and market opportunities in the country to which 
     the specialist is assigned;
       ``(E) providing assistance in obtaining necessary business 
     services in the country to which the specialist is assigned;
       ``(F) providing information on environmental standards and 
     regulations in the country to which the specialist is 
     assigned; and
       ``(G) providing information on all United States Government 
     programs that could assist the promotion, financing, and sale 
     of United States environmental technologies, goods, and 
     services in the country to which the specialist is assigned.
       ``(g) Environmental Training in One-Stop Shops.--In 
     addition to the training provided under subsection (f)(2)(C), 
     the Secretary shall establish a mechanism to train--
       ``(1) Commercial Service Officers assigned to the one-stop 
     shops provided for in section 2301(b)(8), and
       ``(2) Commercial Service Officers assigned to district 
     offices in districts having large numbers of environmental 
     businesses,

     in environmental technologies and in the international 
     environmental marketplace, and ensure that such officers 
     receive appropriate training under such mechanism. Such 
     training may be provided by officers or employees of the 
     Department of Commerce, and other United States Government 
     departments and agencies, with appropriate expertise in 
     environmental technologies and the international 
     environmental workplace, and by appropriate representatives 
     of the private sector.
       ``(h) International Regional Environmental Initiatives.--
       ``(1) Establishment of initiatives.--The TPCC shall 
     establish one or more international regional environmental 
     initiatives the purpose of which shall be to coordinate the 
     activities of Federal departments and agencies in order to 
     build environmental partnerships between the United States 
     and the geographic region outside the United States for which 
     such initiative is established. Such partnerships shall 
     enhance environmental protection and promote sustainable 
     development by using in the region technical expertise and 
     financial resources of United States departments and 
     agencies that provide foreign assistance and by expanding 
     United States exports of environmental technologies, 
     goods, and services to the region.
       ``(2) Activities.--In carrying out each international 
     regional environmental initiative, the TPCC shall--
       ``(A) support, through the provision of foreign assistance, 
     the development of sound environmental policies and practices 
     in countries in the geographic region for which the 
     initiative is established, including the development of 
     environmentally sound regulatory regimes and enforcement 
     mechanisms;
       ``(B) identify and disseminate to United States 
     environmental businesses information regarding specific 
     environmental business opportunities in the geographic 
     region;
       ``(C) coordinate existing Federal efforts to promote 
     environmental exports to that geographic region, and ensure 
     that such efforts are fully coordinated with environmental 
     export promotion efforts undertaken by the States and private 
     sector;
       ``(D) increase assistance provided by the Federal 
     Government to promote exports from the United States of 
     environmental technologies, goods, and services to that 
     geographic region, such as trade missions, reverse trade 
     missions, trade fairs, and programs in the United States to 
     train foreign nationals in United States environmental 
     technologies; and
       ``(E) increase high-level advocacy by United States 
     Government officials (including the United States ambassadors 
     to the countries in that geographic region) for United States 
     environmental businesses seeking market opportunities in the 
     geographic region.
       ``(i) Environmental Technologies Project Advocacy Calendar 
     and Information Dissemination Program.--The Working Group 
     shall maintain a calendar, updated at the end of each 
     calendar quarter, of significant opportunities for United 
     States environmental businesses in foreign markets and trade 
     promotion events, which shall be made available to the 
     public. Such calendar shall--
       ``(1) identify the 50 to 100 environmental infrastructure 
     and procurement projects in foreign markets that have the 
     greatest potential in the calendar quarter for United States 
     exports of environmental technologies, goods, and services; 
     and
       ``(2) include trade promotion events, such as trade 
     missions and trade fairs, in the environmental sector.

     The Working group shall also provide, through the National 
     Trade Data Bank and other information dissemination channels, 
     information on opportunities for environmental businesses in 
     foreign markets and information on Federal export promotion 
     programs.
       ``(j) Regional Centers.--The Secretary, through the 
     Assistant Secretary of Commerce and Director General of the 
     United States and Foreign Commercial Service, is authorized 
     to provide matching funds for the establishment in the United 
     States of regional environmental business and technology 
     cooperation centers that will draw upon the expertise of the 
     private sector and institutions of higher education and 
     existing Federal programs to provide export promotion 
     assistance related to environmental technologies, goods, and 
     services.
       ``(k) Definition.--For purposes of this section, the term 
     `environmental business' means a business that produces 
     environmental technologies, goods, services.''.
           By Mr. GILMAN:
     --Page 208, insert the following after line 7 and redesignate 
     succeeding subsections accordingly:
       (q) End Use Monitoring.--
       (1) Reports on license checks.--The Secretary shall 
     include, in each annual report submitted under section 115, a 
     list of all postshipment verification checks, prelicense 
     checks, and similar procedures conducted to monitor end uses, 
     in the case of licenses approved for exports to any country 
     of commodities or technology that could provide significantly 
     enhanced military capabilities to that country, especially 
     the capability to develop, produce, stockpile, use, or 
     deliver advanced conventional weapons and weapons of mass 
     destruction. Such report shall include the license number, 
     the value of the commodities or technology to which the 
     license relates, the country of destination, and the date on 
     which the check or procedure was performed.
       (2) Monitoring standards.--The President shall develop 
     monitoring standards in order to improve accountability with 
     respect to the export of commodities and technology for which 
     licenses are required under sections 105 and 106. Such 
     standards shall be designed to provide reasonable assurance 
     that the authorized end user is complying with the 
     requirements imposed by the United States Government with 
     respect to the use or reexport of those commodities or 
     technology.
       (3) Monitoring responsibilities.--Pursuant to the standards 
     developed under paragraph (2), the Secretary, in consultation 
     with appropriation departments and agencies, shall monitor 
     the end uses of the exports described in paragraph (2) to 
     recipient countries.
       (4) Monitoring arrangements.--(A) The President, as 
     appropriate, shall pursue negotiations leading to arrangement 
     or agreement with recipient countries of commodities and 
     technology identified under paragraph (1) to permit 
     representatives of the United States Government, including 
     the attaches assigned under subsection (r), to review the end 
     uses of such commodities and technology and provide such 
     representatives with information necessary to monitor end 
     uses of items controlled for export by the United States.
       (B) The President shall take into account the compliance of 
     the recipient country in carrying out any such arrangement or 
     agreement before supporting the membership of such country in 
     a multilateral export control regime, including COCOM.
       (5) Monitoring report.--Not later than 6 months after the 
     date of the enactment of this Act, and annually thereafter as 
     part of the annual report submitted under section 115, the 
     Secretary shall submit to the Committee on Foreign Affairs of 
     the House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report outlining 
     the actions taken to implement paragraphs (2), (3), and (4).
           By Mr. HUNTER:
     --Page 208, add the following after line 23:
       (s) Authority of the Secretary of Defense To Halt 
     Exports.--Notwithstanding any other provision of this title, 
     in any case in which the Secretary of Defense determines that 
     it is necessary to halt a particular export of a commodity or 
     technology in order to protect the national security interest 
     of the United States, the Secretary of Defense shall so 
     notify the President. The President may, within 10 days 
     thereafter, decide not to prohibit the export, in which case 
     he shall so notify the Secretary of Defense within that 10-
     day period. If the President does not make such a decision 
     within that 10-day period, or if the President fails to so 
     notify the Secretary of Defense of such a decision, the 
     export shall be prohibited under this title.
           By Mr. KASICH:
     --Page 82, insert the following after line 2:
       (l) Treatment of Certain Sensitive Items.--
       (1) Findings.--The Congress makes the following findings:
       (A) The United States continues to play a leadership role 
     in controlling the export of sensitive dual use items and 
     munitions items to dangerous countries.
       (B) The importance of maintaining this leadership and 
     securing the adherence of friendly nations to export 
     restrictions similar to those of the United States was 
     demonstrated by the large number of dual use and munitions 
     items Iraq was able to secure from Western exporters prior to 
     Desert Storm.
       (C) Besides Iraq, the United States has voiced its concern 
     about Libya, North Korea, Syria, Cuba, and Iran acquiring 
     dual use and munitions items from Western sources, republics 
     of the former Soviet Union, and the Peoples' Republic of 
     China.
       (D) Since Desert Storm, the United States has learned that 
     a substantial number of sensitive items Iraq received from 
     Western nations were not sent directly, but were reexported 
     from third-party destinations.
       (E) The threat of third-party reexports of sensitive 
     exports could be aggravated by proposals to send dual use 
     items to friendly nations ``license-free'' or under 
     ``substitute'' licensing schemes that would be less 
     restrictive than individual validated licensing, which 
     requires prior United States consent for any reexport.
       (F) Eliminating or reducing individual validated licensing 
     requirements on sensitive dual use and munitions exports to 
     friendly countries increases the risk that such items will be 
     reexported to rogue countries, including Iran, Iraq, Syria, 
     Libya, Cuba, and North Korea.
       (2) Policy statement.--It shall be the policy of the United 
     States to maintain its international leadership in 
     restricting the export of sensitive dual use items and of 
     munitions to rogue countries such as Iran, Iraq, Syria, 
     Libya, Cuba, and North Korea by--
       (A) maintaining existing unilateral controls whenever 
     necessary to keep sensitive United States dual use items and 
     munitions from being exported to these countries;
       (B) encouraging all other countries producing such items to 
     restrict the export of these items in a similar manner;
       (C) working with the republics of the former Soviet Union 
     and of the members of COCOM to create a successor COCOM that 
     would prohibit the export of the most sensitive dual use 
     items and munitions to rogue countries such as Iran, Iraq, 
     Syria, Libya, Cuba, and North Korea; and
       (D) not reducing existing levels of controls on the export 
     of sensitive dual use items and munitions through the 
     creation of license-free zones and substitute licensing 
     schemes.
       (3) Licensing requirement.--
       (A) List of sensitive items.--Notwithstanding any other 
     provision of this title, the President, in consultation with 
     the Secretary and the Secretaries of State, Defense, and 
     Energy and the Director of the Arms Control and Disarmament 
     Agency, shall compile a list of the most sensitive dual use 
     and munitions items the export of which to the countries set 
     forth in subparagraph (C) the President believes the United 
     States should restrict. This list shall indicate whether the 
     item is being controlled unilaterally or with other countries 
     and shall be published in the Federal Register not later than 
     60 days after the date of the enactment of this Act.
       (B) Individual validated license requirement.--The 
     President shall instruct the Secretary to require an 
     individual validated license for the export to any 
     destination of any item on the list compiled under 
     subparagraph (A).
       (C) List of countries.--The countries referred to in 
     subparagraph (A) are Iran, Iraq, Syria, Libya, Cuba, and 
     North Korea.
     --Page 62, line 24, strike ``(F)'' and insert ``(E)''.
     --Page 67, line 6, strike ``(E)'' and insert ``(D)''.
     --Page 173, line 23, strike ``109(h)(1)'' and insert 
     ``109(i)(1)''.
     --Page 211, line 4, strike ``109(g)'' and insert ``109(h)''.
           By Mr. MARKEY:
     --Page 297, add the following after line 6:

                Part E--Restrictions on Nuclear Exports

     SEC. 261. RESTRICTIONS.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) no application for a license under the Export 
     Administration Act of 1970 for the export to the People's 
     Republic of China of any commodities or technology which, as 
     determined under section 309(c) of the Nuclear Non-
     Proliferation Act of 1978, could be of significance for 
     nuclear explosive purposes, or which, in the judgment of the 
     President, is likely to be diverted for use in any nuclear 
     explosive device, in any nuclear production or utilization 
     facility, or for research on or the development of any 
     nuclear explosive device shall be approved.
       (2) no license may be issued under the Atomic Energy Act of 
     1945--
       (A) for the export to the People's Republic of China of any 
     production or utilization facility or any source material or 
     special nuclear material, or
       (B) for the export to the People's Republic of China of any 
     component part, item, or substance which has been determined, 
     under section 109b. of the Atomic Energy Act of 1954, to be 
     especially relevant from the standpoint of export control 
     because of its significance for nuclear explosive purposes,
       (3) no authorization may be approved under section 57b.(2) 
     of the Atomic Energy Act of 1954 for any person to engage, 
     directly or indirectly, in the production of special nuclear 
     material, and
       (4) no retransfer may be approved to or from the People's 
     Republic of China of any commodities, technology, facility, 
     material, component part, item, or substance referred to in 
     paragraph (1), (2), or (3),

     until the conditions set forth in subsection (b) are met.
       (b) Conditions.--The conditions referred to in subsection 
     (a) are that--
       (1) the President has certified to the Congress that the 
     People's Republic of China has provided clear and unequivocal 
     assurances to the United States that it is not assisting and 
     will not assist any non-nuclear-weapon state, either directly 
     or indirectly, in acquiring nuclear explosive devices or the 
     materials and components for such devices; and
       (2) the President has made the certifications and submitted 
     the report required by Public Law 99-183.

     SEC. 262 DEFINITIONS.

       For purposes of this part--
       (1) the terms ``commodity'' and ``technology'' have the 
     meanings given those terms in section 116;
       (2) the terms ``non-nuclear-weapons state'' and ``nuclear 
     explosive device'' have the meanings given those terms in 
     section 231; and
       (3) the terms ``production facility'', ``utilization 
     facility'', ``source material'' and ``special nuclear 
     facility'' have the meanings given those terms in section 11 
     of the Atomic Energy Act of 1954.
           By: Mr. MARKEY:
     --Page 297, add the following after line 6:

               TITLE III--RESTRICTIONS ON NUCLEAR EXPORTS

     SEC. 301. RESTRICTIONS.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) no application for a license under the Export 
     Administration Act of 1979 for the export to the People's 
     Republic of China of any commodities or technology which, as 
     determined under section 309(c) of the Nuclear Non-
     Proliferation Act of 1978, could be of significance for 
     nuclear explosive purposes, or which, in the judgment of the 
     President, is likely to be diverted for use in any nuclear 
     explosive device, in any nuclear production or utilization 
     facility, or for research on or the development of any 
     nuclear explosive device shall be approved,
       (2) no license may be issued under the Atomic Energy Act of 
     1954--
       (A) for the export to the People's Republic of China of any 
     production or utilization facility or any source material or 
     special nuclear material, or
       (B) for the export to the People's Republic of China of any 
     component part, item, or substance which has been determined, 
     under section 109b. of the Atomic Energy Act of 1954, to be 
     especially relevant from the standpoint of export control 
     because of its significance for nuclear explosive purposes,
       (3) no authorization may be approved under section 57b.(2) 
     of the Atomic Energy Act of 1954 for any person to engage, 
     directly or indirectly, in the production of special nuclear 
     material, and
       (4) no retransfer may be approved to or from the People's 
     Republic of China of any commodities, technology, facility, 
     material, component part, item, or substance referred to in 
     paragraph (1), (2), or (3), until the conditions set forth in 
     subsection (b) are met.
       (b) Conditions.--The conditions referred to in subsection 
     (a) are that--
       (1) the President has certified to the Congress that the 
     People's Republic of China has provided clear and unequivocal 
     assurances to the United States that it is not assisting and 
     will not assist any non-nuclear-weapon state, either directly 
     or indirectly, in acquiring nuclear explosive devices or the 
     materials and components for such devices; and
       (2) the President has made the certifications and submitted 
     the report required by Public Law 99-183.

     SEC. 02. DEFINITIONS.

       For purposes of this title--
       (1) the terms ``commodity'' and ``technology'' have the 
     meanings given those terms in section 116;
       (2) the terms ``non-nuclear-weapon state'' and ``nuclear 
     explosive device'' have the meanings give those terms in 
     section 231; and
       (3) the terms ``production facility'', ``utilization 
     facility'', ``source material'' and ``special nuclear 
     facility'' have the meanings given those terms in section 11 
     of the Atomic Energy Act of 1954.
  By Mr. SOLOMON:
     --Page 237, add the following after line 25:
       (j) Export of Satellites to China.--A license may not be 
     issued under this title or section 38 of the Arms Export 
     Control Act for the export of any satellite intended for 
     launch from a launch vehicle owned by the People's Republic 
     of China.
           By Mr. TORRICELLI:
     --Page 208, after line 23, add the following:
       (j) Satellites Launched on Vehicles of the People's 
     Republic of China or Russia.--
       (1) Validated license requirement.--A validated license 
     shall be required under this title for the export of 
     satellites, components, or satellite-related technology, that 
     originated in the United States and that is intended for 
     launch on vehicles owned or operated by the People's Republic 
     of China or Russia.
       (2) Criteria.--A validated license shall be granted under 
     paragraph (1) only if--
       (A) an agreement addressing the issue of fair trade in 
     commercial satellite launch services exists between--
       (i) the United States and the People's Republic of China, 
     in the case of an application for a validated license to the 
     People's Republic of China; or
       (ii) the United States and Russia, in the case of an 
     application for a validated license to Russia;
       (B) the Secretary notifies the United States Trade 
     Representative whenever an application for such a validated 
     license in pending; and
       (C) not later than 15 days after such notification, the 
     Trade Representative determines with respect to the 
     satellite, components thereof, or satellite-related 
     technology which is the subject of the validated license 
     application and notifies the Secretary in writing--
       (i) that the People's Republic of China or Russia (as the 
     case may be) is in full compliance with the terms of the 
     agreement between that country and the United States referred 
     to in subparagraph (A); or
       (ii) that there is no reason to conclude that compliance 
     with the terms of the agreement referred to in subparagraph 
     (A) between that country and the United States has not been 
     achieved.

                               H.R. 4663

           By Mr. DeFAZIO:
     --Add the following at the end of section 107:
       (l) Commodities Used as Raw Materials for Manufacturing 
     Purposes.--
       (1) Monitoring.--The Secretary shall monitor--
       (A) exports of, and contracts of export, commodities 
     typically used as raw materials for manufacturing purposes, 
     and
       (B) domestic supplies of such commodities, for the purpose 
     of determining whether a critical shortage of such 
     commodities exists in any State or region.
       (2) Export restrictions.--If the Secretary finds that a 
     critical shortage of any such commoditiy exists in any State 
     or region, then the Secretary shall impose restrictions on 
     the export of such commodities sufficient to ensure that 
     there is an adequate supply of such commodities to meet 
     domestic manufacturing needs in that State or region. The 
     Secretary may remove such restrictions upon reporting to 
     Congress, under paragraph (3)(A), that such restrictions are 
     no longer required under this subsection.
       (3) Reporting to congress.--(A) The Secretary shall submit 
     to Congress, not later than 30 days after the end of each 
     calendar quarter, a report on the results of the monitoring 
     conducted under paragraph (1), the Secretary's determination 
     of whether a critical shortage of any commodities typically 
     used as raw materials for manufacturing purposes for domestic 
     manufacturing purposes exists in any State or region, and any 
     export restrictions imposed or to be imposed as a result of 
     such determination.
       (B) Each report under subparagraph (A) shall--
       (i) specify the quantity of exports, by port, or 
     commodities typically used as raw materials for manufacturing 
     purposes during the period covered by the report;
       (ii) estimate, as of the date of the report, the domestic 
     supplies, by State, of such commodities;
       (iii) determine whether such supplies of such commodities 
     were sufficient to meet the needs of domestic manufacturers;
       (iv) include a formal finding as to whether a critical 
     shortage of such commodities for domestic manufacturing 
     purposes exists in any State or region; and
       (v) if such a shortage or shortages exist, specify the 
     export restrictions imposed or to be imposed to satisfy 
     domestic needs.
       (4) Presidential authority.--The President is authorized, 
     after suitable notice and a public comment period of not less 
     than 90 days, to suspend any export restrictions imposed 
     under paragraph (2) if a ruling is issued under the formal 
     dispute resolution procedures of the General Agreement on 
     Tariffs and Trade finding that such restrictions violate 
     Article XI prohibitions on export restrictions and are not 
     allowable under the exceptions to Article XI.
     --Add the following at the end of section 107:
       (l) The President shall prohibit the export of a commodity 
     to any nation where--
       (1) such commodity is typically used as a raw material for 
     manufacturing purposes;
       (2) that nation's demand for such commodity is contributing 
     to domestic supply shortages of such commodity for domestic 
     manufacturing purposes; and
       (3) the National Trade Estimate Report on Foreign Trade 
     Barriers, prepared by the U.S. Trade Representative, finds 
     that such nation maintains tariff or non-tariff barriers that 
     impede the import of items manufactured in the U.S. using 
     such commodity.