REVIEW OF TECHNOLOGY LEVELS.

SEC. 2419. REVIEW OF TECHNOLOGY LEVELS. Section 5(g) of the Act (50 U.S.C. 2404(g)) is amended— (1) by inserting “(1)” immediately before the first sentence; and (2) by adding at the end the following: “(2)(A) In carrying out this subsection, the Secretary shall conduct annual reviews of the performance levels of goods or technology— “(i) which are eligible for export under a distribution license, “(ii) below which exports to the People’s Republic of China require only notification of the governments participating in the group known as the Coordinating Committee, and “(iii) below which no authority or permission to export may be required under subsection (b)(2) or (b)(3) of this section. The Secretary shall make appropriate adjustments to such performance levels based on these reviews. “(B) In any case in which the Secretary receives a request which— “(i) is to revise the qualification requirements or minimum thresholds of any goods eligible for export under a distribution license, and “(ii) is made by an exporter of such goods, representatives of an industry which produces such goods, or a technical advisory committee established under subsection (h) of this section, the Secretary, after consulting with other appropriate Government agencies and technical advisory committees established under subsection (h) of this section, shall determine whether to make such revision, or some other appropriate revision, in such qualification requirements or minimum thresholds. In making this determination, the Secretary shall take into account the availability of the goods from sources outside the United States. The Secretary shall make a determination on a request made under this subparagraph within 90 days after the date on which the request is filed. If the 102 STAT. 1358 Secretary’s determination pursuant to such a request is to make a revision, such revision shall be implemented within 120 days after the date on which the request is filed and shall be published in the Federal Register.”.