[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2203 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 474
103d CONGRESS
  2d Session
                                S. 2203

                          [Report No. 103-288]

    To improve the administration of export controls, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 16 (legislative day, June 7), 1994

 Mr. Riegle, from the Committee on Banking, Housing, and Urban Affairs, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
    To improve the administration of export controls, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Export 
Administration and Enhancement Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--EXPORT CONTROLS

Sec. 101. Short title
Sec. 102. Findings and policies.
Sec. 103. Definitions.
Sec. 104. General provisions.
Sec. 105. National security, nonproliferation, and foreign policy 
                            control authorities.
Sec. 106. Short supply controls.
Sec. 107. Foreign boycotts.
Sec. 108. Procedures for processing export license applications; other 
                            inquiries.
Sec. 109. Violations.
Sec. 110. Enforcement.
Sec. 111. Authority and procedures.
Sec. 112. Missile proliferation control violations.
Sec. 113. Chemical and biological weapons proliferation sanctions.
Sec. 114. Annual report.
Sec. 115. Effects on other Acts.
Sec. 116. Authorization of appropriations.
Sec. 117. Effective date.
Sec. 118. Savings provisions.
Sec. 119. Conforming amendments.
          TITLE II--ENVIRONMENTAL EXPORT PROMOTION ACT OF 1994

Sec. 201. Short title.
Sec. 202. Promotion of United States environmental exports.

                        TITLE I--EXPORT CONTROLS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Export Administration Act of 
1994''.

SEC. 102. FINDINGS AND POLICIES.

    (a) Findings.--The Congress finds that--
            (1) export controls are a part of a comprehensive response 
        to national security threats and United States exports should 
        be restricted only for significant national security, 
        nonproliferation, foreign policy, and short supply reasons;
            (2) the proliferation of weapons of mass destruction, their 
        delivery systems, and other significant military capabilities 
        has become one of the most serious threats to world peace and 
        to United States national security;
            (3) exports of certain commodities, technology, and 
        software may adversely affect the national security and foreign 
        policy of the United States by making a significant 
        contribution to the military potential of individual countries 
        or by disseminating the capability to design, develop, test, 
        produce, stockpile, or use weapons of mass destruction, missile 
        delivery systems, and other significant military capabilities;
            (4) the national security of the United States depends on a 
        strong national defense and is grounded in a strong national 
        economy;
            (5) since exports are essential to economic strength in an 
        increasingly global economy, economic interests must play a key 
        role in export control decisions, and, therefore, the rigor of 
        economic analysis and data available in the decisionmaking 
        process must be enhanced;
            (6) export restrictions that negatively affect the United 
        States industrial base may ultimately weaken United States 
        military capabilities and lead to dependencies on foreign 
        sources for key components;
            (7) multilateral export controls are the most effective 
        export controls, and consistent implementation and 
        comprehensive enforcement measures to maximize the 
        effectiveness of multilateral controls are of great importance;
            (8) the multilateral export control system, which helped 
        contain military threats posed by the former Soviet Bloc 
        countries, should be replaced by an effective and efficient 
        multilateral export control program furthering vital interests 
        of the United States in the post-Cold War era;
            (9) except in the event that the United States is the sole 
        source of critical supplies, unilateral export controls may not 
        be effective in influencing the behavior of other governments 
        and impeding access by target countries to controlled items, 
        and, therefore, unilateral controls may--
                    (A) impede access to United States sources of 
                supply without affecting the ability of target 
                countries to obtain controlled items elsewhere;
                    (B) permit foreign competitors to serve markets 
                that the United States denies to American firms and 
                workers; and
                    (C) impair the reliability of United States 
                suppliers in comparison with their foreign competitors;
            (10) the United States export control system should--
                    (A) not be overly restrictive or bureaucratic, or 
                unnecessarily undermine the competitive position of 
                American industry; and
                    (B) be efficient, responsive, transparent, and 
                effective; and
            (11) minimization of restrictions on exports of 
        agricultural commodities and products is of critical importance 
        to--
                    (A) the maintenance of a sound agricultural sector;
                    (B) a positive contribution to the balance of 
                payments;
                    (C) reducing the level of Federal expenditures for 
                agricultural support programs; and
                    (D) United States cooperation in efforts to 
                eliminate malnutrition and world hunger.
    (b) Policy.--It is the policy of the United States--
            (1) after fully weighing the impact on the economy of the 
        United States, and only to the extent necessary--
                    (A) to restrict the export of items that would make 
                a significant contribution to the military potential of 
                countries that would prove detrimental to the national 
                security of the United States;
                    (B) to stem the proliferation of weapons of mass 
                destruction and the means to deliver such weapons by 
                controlling involvement and contributions by United 
                States persons to foreign programs intended to design, 
                develop, test, produce, stockpile, or use chemical or 
                biological weapons, nuclear explosive devices, missile 
                delivery systems, and other significant military 
                capabilities and the means to design, develop, test, 
                produce, stockpile, or use such capabilities;
                    (C) to restrict the export of items where necessary 
                to significantly further the foreign policy of the 
                United States, including export controls imposed on 
                countries that threaten regional stability or abuse the 
                fundamental human rights of their citizens;
                    (D) to use export controls as part of a 
                comprehensive effort to encourage other countries to 
                take immediate steps to prevent the use of their 
                territories or resources to aid, encourage, or give 
                sanctuary to those persons directing, supporting, or 
                participating in acts of international terrorism; and
                    (E) to restrict the export of items where necessary 
                to protect the domestic economy from the excessive 
                drain of scarce materials and to secure the removal by 
                foreign countries of restrictions on access to supplies 
                where such restrictions--
                            (i) have or may have a serious inflationary 
                        impact and have caused or may cause a serious 
                        domestic shortage; or
                            (ii) have been imposed for purposes of 
                        influencing the foreign policy of the United 
                        States;
            (2) to rely increasingly on the multilateral coordination 
        of controls through effective export control regimes;
            (3) to lead international efforts to control the 
        proliferation of chemical and biological weapons, nuclear 
        explosive devices, missile delivery systems, and other 
        significant military capabilities;
            (4) to avoid unilateral action if it would damage United 
        States commercial interests without effectively promoting 
        United States national security, nonproliferation, and foreign 
        policy interests;
            (5) to make every effort to achieve effective multilateral 
        export controls in all cases where the United States imposes 
        unilateral export controls;
            (6) to streamline export licensing functions and thereby 
        better serve the exporting public by reducing and eliminating 
        overlapping, conflicting, and inconsistent regulatory burdens 
        and create a more efficient, responsive, transparent, and 
        effective export control process;
            (7) to make all licensing decisions in a timely manner to 
        prevent placing United States exporters at a competitive 
        disadvantage;
            (8) to ensure that control lists are periodically updated 
        to reflect the changing proliferation threat, advances in 
        technology, and a realistic appraisal of what is beyond the 
        reach of effective control and to focus such control lists only 
        on items that, if taken together and if denied to target 
        countries, would carry out the policy of the United States to 
        deny such countries the ability to design, develop, test, 
        produce, stockpile, or use relevant conventional military 
        capability, weapons of mass destruction, their delivery 
        systems, or other capabilities the denial of which are among 
        the goals of United States export control policy;
            (9) to oppose restrictive trade practices or boycotts 
        fostered or imposed by foreign countries against other 
        countries that are friendly to the United States or against any 
        United States person;
            (10) to encourage and, in specific cases, require United 
        States persons engaged in the export of commodities, software, 
        technology, and other information to refuse to take actions, 
        including furnishing information or entering into or 
        implementing agreements, which have the effect of furthering or 
        supporting restrictive trade practices or boycotts fostered or 
        imposed by any foreign country against a country friendly to 
        the United States or against any United States person; and
            (11) to minimize restrictions on the export of agricultural 
        commodities and products.

SEC. 103. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Affiliates.--The term ``affiliates'' includes both 
        governmental entities and commercial entities that are 
        controlled in fact by target countries.
            (2) Australia group.--The terms ``Australia Group'' and 
        ``AG'' refer to the multilateral arrangement in which the 
        United States participates that seeks to prevent the 
        proliferation of chemical and biological weapons.
            (3) Biological weapons convention.--The term ``Biological 
        Weapons Convention'' refers to the Convention on the 
        Prohibition of the Development, Production and Stockpiling of 
        Bacteriological (Biological) and Toxin Weapons and on Their 
        Destruction of 1972.
            (4) Chemical weapons convention.--The term ``Chemical 
        Weapons Convention'' refers to the Convention on the 
        Prohibition of the Development, Production, Stockpiling and Use 
        of Chemical Weapons and on Their Destruction of 1992.
            (5) Commodity.--The term ``commodity'' means any article, 
        natural or manmade substance, material, supply, or manufactured 
        product, including inspection and test equipment, and excluding 
        technical data.
            (6) Control list.--The terms ``Control List'' and 
        ``Commerce Control List'' mean the list established by the 
        Secretary in accordance with section 104(f).
            (7) Coordinating committee.--The terms ``Coordinating 
        Committee'' or ``COCOM'' refer to the multilateral 
        organization--
                    (A) in which the United States participated;
                    (B) that cooperated in restricting transfers of 
                strategic items to certain countries; and
                    (C) that existed until March 31, 1994.
            (8) Department.--The term ``Department'' means the 
        Department of Commerce.
            (9) Export.--
                    (A) In general.--The term ``export''--
                            (i) means--
                                    (I) an actual shipment, transfer, 
                                or transmission of items out of the 
                                United States; or
                                    (II) a transfer to any person of 
                                items either within the United States 
                                or outside of the United States or to 
                                an end user, end use, or destination 
                                with the knowledge or intent that the 
                                items will be shipped, transferred, or 
                                transmitted outside the United States; 
                                and
                            (ii) unless otherwise clear from the 
                        context, includes the term ``reexport''.
                    (B) Secretary's authority to further define.--The 
                Secretary may further define the term ``export'' by 
                regulation to include--
                            (i) the transfer of an item in the United 
                        States to an embassy or affiliate of a country;
                            (ii) the disclosure of technology to a 
                        foreign national to his or her home country;
                            (iii) a transfer of effective control from 
                        one country to another over a satellite above 
                        the earth; and
                            (iv) such other shipments, transfers, or 
                        transmissions as the Secretary determines 
                        appropriate.
            (10) Facilitation of an activity.--The term ``facilitation 
        of an activity'' includes acting as a freight forwarder, 
        shipper, designated export or import agent, consignee, 
        purchasing agent, marketing agent, manufacturer, assembler, 
        designer, financier, or end user with respect to services or 
        items to be exported, transferred, or provided.
            (11) Financial transaction.--The term ``financial 
        transaction'' means any transaction involving the exchange, 
        transfer, crediting, debiting, deposit, withdrawal, or payment 
        of currency, securities, debt, credit, checks, other monetary 
        instruments, precious metals or minerals, or other items of 
        value, whether physically or by electronic means. The term 
        includes such transactions as the opening or drawing down of 
        letters of credit, the extension of a loan, the receipt of 
        payment, or the use of credit cards.
            (12) Foreign person.--The term ``foreign person'' means any 
        person other than a United States person.
            (13) General license.--The term ``general license'' means a 
        license established by the Secretary for which no application 
        is required and for which no document is granted or issued, 
        authorizing export.
            (14) Item.--The term ``item'' means any commodity, 
        technology, or software.
            (15) Militarily critical technologies list.--The terms 
        ``Militarily Critical Technologies List'' and ``MCTL'' refer to 
        the list established under section 104(i).
            (16) Missile.--The term ``missile'' means any missile 
        system or component listed in category I of the MTCR Annex, and 
        any other unmanned delivery system or component of similar 
        capability, including specially designed production facilities 
        for such systems.
            (17) Missile technology control regime.--The terms 
        ``Missile Technology Control Regime'' and ``MTCR'' refer to the 
        policy statement and Guidelines between the United States, the 
        United Kingdom, the Federal Republic of Germany, France, Italy, 
        Canada, and Japan, announced on April 16, 1987, to restrict 
        sensitive missile-related transfers based on the MTCR Annex, 
        and any amendments to the MTCR Annex or Guidelines.
            (18) MTCR adherent.--The term ``MTCR adherent'' means a 
        country that is a member of the MTCR or that, pursuant to an 
        international understanding to which the United States is a 
        party, controls MTCR equipment or technology in accordance with 
        the criteria and standards set forth in the MTCR.
            (19) MTCR annex.--The term ``MTCR Annex'' means the 
        Equipment and Technology Annex of the MTCR and any amendments 
        or successors thereto.
            (20) MTCR equipment or technology.--The terms ``missile 
        equipment or technology'' and ``MTCR equipment or technology'' 
        mean those items listed in category I or category II of the 
        MTCR Annex.
            (21) Multilateral control.--The term ``multilateral 
        control'' means an export control imposed by the United States 
        and a country or countries representing a significant number of 
        suppliers.
            (22) Nuclear suppliers' group.--The terms ``Nuclear 
        Suppliers' Group'' and ``NSG'' refer to the multilateral 
        arrangement in which the United States participates, the 
        purpose of which is to restrict the transfer of items related 
        to the nuclear fuel cycle, nuclear explosive applications, or 
        both.
            (23) Otherwise engaged in the trade of.--The term 
        ``otherwise engaged in the trade of'' means, with respect to a 
        particular export or transfer, to be a freight forwarder or 
        designated exporting agent, or a consignee or end user of the 
        item to be exported or transferred.
            (24) Person.--The term ``person'' includes--
                    (A) the single and plural of any individual, 
                corporation, partnership, business association, 
                society, trust, organization, or other group created or 
                organized under the laws of a country; or
                    (B) any government, governmental body, corporation, 
                trust, agency, department, division, or group operating 
                as a business enterprise.
            (25) Protocol on biological warfare.--The term ``Protocol 
        on Biological Warfare'' refers to the Protocol for the 
        Prohibition of the Use in War of Asphyxiating, Poisonous or 
        Other Gases, and of Bacteriological Methods of Warfare of 1925.
            (26) Regime, multilateral export control regime, 
        multilateral regime.--The terms ``regime'', ``multilateral 
        export control regime'', and ``multilateral regime'' refer to 
        an arrangement of 2 or more countries to which the United 
        States is a party, or which the United States would seek to 
        create or join, brought together for the purpose of curtailing 
        access to controlled items by target countries by means of 
        cooperative export controls.
            (27) Reexport.--The term ``reexport'' means the shipment, 
        transfer, transhipment, or diversion of items that originated 
        in the United States from one foreign country to another.
            (28) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (29) Software.--The term ``software'' means a collection of 
        one or more programs or microprograms fixed in any tangible 
        medium of expression.
            (30) Target country.--The term ``target country'' means a 
        country for which it is the objective under this title to deny 
        or attempt to deny access to items controlled under this title.
            (31) Technology.--The term ``technology'' means specific 
        information necessary for the development, production, or use 
        of a product. The information may take the form of technical 
        data, including blueprints, plans, diagrams, models, formulae, 
        tables, engineering designs and specifications, manuals, and 
        instructions written or recorded on other media or devices such 
        as disk, tape, or read-only memories, or the form of technical 
        assistance, and includes instruction, skills training, working 
        knowledge, or consulting services.
            (32) Technical advisory committee.--The term ``technical 
        advisory committee'' means any committee established in 
        accordance with section 104(j).
            (33) Unilateral control.--The term ``unilateral control'' 
        means a control that is not multilateral.
            (34) United states.--The term ``United States'' means the 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, dependency, or possession of the 
        United States, and includes the outer Continental Shelf, as 
        defined in section 2(a) of the Outer Continental Shelf Lands 
        Act.
            (35) United states person.--The term ``United States 
        person'' means, as determined under regulations of the 
        Secretary--
                    (A) any United States citizen, resident, national 
                (other than an individual resident outside of the 
                United States and employed by other than a United 
                States person), or person within the United States;
                    (B) any domestic concern (including any permanent 
                domestic establishment of any foreign concern); and
                    (C) any foreign subsidiary or affiliate (including 
                any permanent foreign establishment) of any domestic 
                concern that is controlled in fact by such domestic 
                concern.
            (36) Validated license.--The term ``validated license'' 
        means a document issued by or under the authority of the 
        Secretary authorizing export.
            (37) Weapon of mass destruction.--The term ``weapon of mass 
        destruction'' means any chemical or biological weapon or 
        nuclear explosive device.

SEC. 104. GENERAL PROVISIONS.

    (a) Types of Licenses.--The Secretary may require any type of 
validated or general license under such terms and conditions as may be 
imposed by the Secretary for the effective and efficient implementation 
of this title.
    (b) Right of Export.--No authority or permission to export may be 
required under this title, or under regulations issued under this 
title, except to carry out the policies set forth in section 102(b).
    (c) Authority.--
            (1) Consultation required.--Except as otherwise specified 
        in this title, the authority contained in this title shall be 
        exercised by the Secretary in consultation with appropriate 
        departments and agencies.
            (2) Appearance before congress.--The Secretary, Secretary 
        of State, Secretary of Defense, or the Secretary or head of any 
        other department or agency responsible for or assisting with 
        the implementation of this title, shall appear in person to 
        testify concerning any matter arising under this title before 
        the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate, at the request of the chair of any 
        such committee.
    (d) Delegation of Authority.--The President may delegate the power, 
authority, and discretion conferred upon the President by this title to 
such departments, agencies, or officials of the Government as the 
President may consider appropriate, except that no authority under this 
title may be delegated to, or exercised by, any official of any 
department or agency the head of which is not appointed by the 
President, by and with the advice and consent of the Senate. The 
President may not delegate or transfer the President's power, 
authority, or discretion to overrule or modify any recommendation or 
decision made by the Secretary, the Secretary of Defense, or the 
Secretary of State pursuant to this title.
    (e) Annual Review.--
            (1) Requirement; purposes.--The President shall direct the 
        appropriate departments and agencies to annually review the 
        impact of export control policies. Such review shall be used as 
        the basis for the President's annual determination on the 
        imposition, expansion, or extension of unilateral controls 
        under section 105(c) and for review of the Control List, 
        including United States proposals for revisions of multilateral 
        control lists.
            (2) Contents.--The review required under paragraph (1) 
        shall include--
                    (A) an economic impact assessment, for each Control 
                List category, describing the economic consequences of 
                export controls during the preceding 12-month period, 
                including estimates of any lost United States exports 
                and jobs;
                    (B) a national security and nonproliferation impact 
                assessment that--
                            (i) describes the impact that export 
                        controls have had on advancing United States 
                        objectives during the preceding 12-month 
                        period;
                            (ii) analyzes the extent to which United 
                        States unilateral controls are being undermined 
                        by foreign suppliers; and
                            (iii) evaluates the effectiveness of 
                        multilateral regimes, as required under section 
                        105(b)(7); and
                    (C) a foreign policy impact assessment describing 
                the impact that export controls have had on advancing 
                United States foreign policy objectives during the 
                preceding 12-month period and analyzing the extent to 
                which United States unilateral controls are being 
                undermined by foreign suppliers.
            (3) Time requirement.--The annual review required under 
        this subsection shall be completed not later than December 31 
        of each year.
    (f) Control List.--
            (1) Establishment.--In accordance with the procedures 
        specified in section 105, the Secretary shall establish, 
        publish, and maintain the Control List. The Control list 
        shall--
                    (A) consist of dual-use goods and technology on 
                which export and reexport controls are imposed under 
                this title;
                    (B) specify the performance and other identifying 
                characteristics of the controlled items;
                    (C) identify the countries and, consistent with 
                intelligence requirements, end-users within countries 
                to which exports and reexports are controlled;
                    (D) specify validated license requirements;
                    (E) be sufficiently specific and clear to guide 
                exporters and licensing officers in determinations of 
                licensing requirements under this title; and
                    (F) specify whether the control is unilateral or 
                multilateral, and, if multilateral, indicate the regime 
                under which the item is controlled.
            (2) Annual review of control list.--
                    (A) Action by the secretary.--The Secretary shall, 
                in consultation with appropriate departments and 
                agencies, annually review all items on the Control 
                List--
                            (i) to ensure that requirements for 
                        validated licenses are periodically removed as 
                        goods and technology become obsolete with 
                        respect to the objectives of the control; and
                            (ii) to add items to the lists, pursuant to 
                        the procedures specified in section 105, 
                        consistent with United States national 
                        security, nonproliferation, and foreign policy 
                        interests.
                    (B) Review elements.--In conducting each review 
                under subparagraph (A), and based on the most recent 
                annual review required under subsection (e), the 
                Secretary shall, for the 12-month period following the 
                completion of that review--
                            (i) identify the specific objectives of the 
                        export controls for each country or group of 
                        countries for which a validated license is 
                        required;
                            (ii) review the quantity and performance 
                        levels of controlled goods and technology and 
                        determine whether controls on those goods and 
                        technology satisfy the objectives identified 
                        under clause (i);
                            (iii) evaluate the availability-in-fact of 
                        controlled items in sufficient quantity and 
                        comparable quality to target countries; and
                            (iv) identify items that should be targeted 
                        to enhance efforts to combat proliferation and 
                        other national security risks.
                    (C) Changes in controls.--Pursuant to section 105, 
                after completing each review under this paragraph, the 
                Secretary shall, if warranted by the findings of the 
                review and after consultation with appropriate 
                departments and agencies--
                            (i) remove, add, or maintain license 
                        requirements;
                            (ii) modify license requirements, including 
                        making such good or technology eligible for 
                        delivery under a distribution license or other 
                        license authorization for multiple exports, or 
                        a general license;
                            (iii) eliminate, modify, or add a 
                        performance threshold or other characteristic 
                        upon which the requirement for a validated 
                        license for such a good or technology is based; 
                        and
                            (iv) modify the Control List in any other 
                        appropriate way in accordance with the results 
                        of each review.
                    (D) Appeal to president.--
                            (i) In general.--The Secretary shall inform 
                        appropriate departments and agencies of changes 
                        to the Control List. If any agency or 
                        department disagrees with a proposed change to 
                        the Control List, the dissenting agency may 
                        appeal the decision to the President not later 
                        than 20 days after being informed of such 
                        change.
                            (ii) Determination.--Not later than 20 days 
                        after receipt of an appeal under clause (i), 
                        the President shall notify the Secretary of the 
                        President's determination with respect to the 
                        inclusion of such item on the Control List.
                    (E) Time requirement.--The annual review required 
                under this paragraph shall be completed not later than 
                January 31 of each year.
                    (F) Hearings.--The Secretary shall conduct a public 
                hearing, not less frequently than annually, to solicit 
                information from all interested parties on all matters 
                to be addressed in each review conducted under this 
                paragraph.
            (3) Multilateral list review.--
                    (A) Proposals.--Based upon the annual review 
                required under paragraph (2), the Secretary, in 
                consultation with appropriate departments and agencies, 
                shall develop United States proposals to revise 
                multilateral regime control lists.
                    (B) Negotiations.--The Secretary of State, in 
                consultation with appropriate departments and agencies, 
                shall conduct negotiations and develop negotiating 
                positions with foreign countries regarding multilateral 
                arrangements for restricting the export of items to 
                carry out this title.
                    (C) Frequency.--The Secretary of State shall seek 
                to ensure that each multilateral regime of which the 
                United States is a member shall review each item on its 
                list of controlled items not less than once every 2 
                years. If a multilateral regime fails to review an 
                entry on its list of controlled items within 2 years of 
                the prior review, the Secretary of State shall propose 
                a review by the relevant multilateral regime of such an 
                entry.
    (g) Consultations With the Congress.--The President shall consult 
with and fully apprise 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, on changes to the Control 
List, export control policy, procedures, and other developments related 
to this title.
    (h) Notification of the Public; Consultation With Business.--
            (1) Public participation.--The Secretary shall seek 
        comments and recommendations from the public concerning changes 
        to the Control List and shall keep the public fully apprised of 
        changes in export control policy and procedures instituted in 
        conformity with this title with a view to encouraging trade.
            (2) Business participation.--The Secretary shall meet 
        regularly with representatives of a broad spectrum of 
        enterprises, labor organizations, and citizens interested in or 
        affected by export controls, in order to obtain their views on 
        United States export control policy and the foreign 
        availability of items subject to controls.
    (i) Militarily Critical Technologies List.--
            (1) Establishment.--The Secretary of Defense shall be 
        primarily responsible for establishing and maintaining the 
        Militarily Critical Technologies List. Such list shall identify 
        equipment and technologies critical to the design, development, 
        test, production, stockpiling, or use of weapons of mass 
        destruction and other significant military capabilities, 
        including nuclear, biological, and chemical weapons, and 
        manned, and unmanned vehicles capable of delivering such 
        weapons.
            (2) Considerations.--In developing the MCTL, primary 
        emphasis shall be given to--
                    (A) development and production technology;
                    (B) test, inspection, and production equipment;
                    (C) advanced materials, chemicals, and biological 
                agents;
                    (D) unique software; and
                    (E) systems, subsystems, assemblies and components.
            (3) Specificity.--The MCTL shall be sufficiently specific 
        to guide the determinations of any official exercising export 
        licensing responsibilities under this title. For purposes of 
        completeness and cross-reference, the MCTL shall include both 
        dual-use items controlled by this title and other militarily 
        critical items that may be controlled under other authorities.
            (4) Inclusion on control list.--Consistent with the 
        policies set forth in section 102(b) and with the criteria 
        stated in section 105, the Secretary and the Secretary of 
        Defense shall propose integration of items on the MCTL into the 
        Control List.
            (5) Disagreements resolved by the president.--If the 
        Secretary and the Secretary of Defense disagree as to whether 
        any integration, deletion, or other change to the MCTL should 
        also be reflected in the Control List, the President shall 
        resolve the disagreement.
            (6) Review of mctl.--The Secretary of Defense shall 
        establish a procedure for reviewing the MCTL on an ongoing 
        basis for the purpose of removing items that are no longer 
        militarily critical. The Secretary of Defense may add to the 
        MCTL any item that the Secretary of Defense determines is 
        militarily critical, consistent with paragraph (1).
            (7) Controls offset.--The establishment of adequate export 
        controls for militarily critical technology, equipment, and 
        materials shall be accompanied by suitable reductions in the 
        controls on the products that incorporate that technology, 
        equipment, and material.
    (j) Technical Advisory Committees.--
            (1) Appointment.--
                    (A) In general.--The Secretary may establish 
                technical advisory committees on the Secretary's own 
                initiative or upon written request by representatives 
                of a substantial segment of any industry that produces 
                any item subject to export controls under this title, 
                or being considered for such controls.
                    (B) Membership.--Each technical advisory committee 
                shall consist of representatives of United States 
                industry, individuals with technical expertise on 
                national security and nonproliferation matters, the 
                Department, and such other Government departments and 
                agencies as may be appropriate. The Secretary shall 
                permit the widest possible participation by the 
                business community on technical advisory committees 
                established under this subsection.
            (2) Authorities and responsibilities.--Technical advisory 
        committees established under paragraph (1) shall advise and 
        assist the Secretary and any other Government department, 
        agency, or official to which the President delegates authority 
        under this title, on all aspects of controls imposed or 
        proposed under this title. Such committees, if they have 
        expertise in such matters, shall be consulted on issues 
        involving--
                    (A) revisions of the Control List, as provided in 
                subsection (f), including United States proposals for 
                revisions to multilateral control lists;
                    (B) the imposition, expansion, or extension of any 
                export controls;
                    (C) foreign availability of items controlled under 
                this title;
                    (D) technical matters;
                    (E) worldwide availability and actual utilization 
                of production technology;
                    (F) licensing procedures that affect the level of 
                export controls applicable to any item;
                    (G) the issuance of regulations;
                    (H) the impact and interpretation of existing 
                regulations;
                    (I) processes and procedures for review of licenses 
                and policy; and
                    (J) any other issues relating to actions designed 
                to carry out this title.
            (3) Other consultation permitted.--Nothing in this 
        subsection shall prevent any agency of the United States 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, to present evidence to 
        such committees.
            (4) Reimbursement.--Upon request of any member of any 
        technical advisory committee, the Secretary may reimburse such 
        member for travel, subsistence, and other necessary expenses 
        incurred by the member in connection with the member's duties 
        on the technical advisory committee, as the Secretary 
        determines to be appropriate.
            (5) Administrative provisions.--Each technical advisory 
        committee shall elect a chairperson, and shall meet at least 
        every 3 months at the call of the chairperson, unless the 
        chairperson determines, in consultation with the other members 
        of the committee, that a meeting is not necessary to achieve 
        the purposes of this subsection. Each technical advisory 
        committee shall be terminated not later than 2 years after the 
        date of its appointment, unless extended by the Secretary for 
        additional 2-year periods. The Secretary shall consult each 
        technical advisory committee on termination or extension of 
        that committee.
            (6) Disclosures to committees.--
                    (A) Consistent with national security.--To 
                facilitate the work of the technical advisory 
                committees, the Secretary, in conjunction with other 
                departments and agencies participating in the 
                administration of this title, shall disclose to each 
                appropriate committee adequate information, consistent 
                with national security, pertaining to the reasons for 
                the export controls that are in effect or contemplated 
                for the items or policies for which that committee 
                furnishes advice.
                    (B) Freedom of information act exemption.--
                Information provided by and to the technical advisory 
                committees shall not be subject to disclosure under 
                section 552 of title 5, United States Code, and such 
                information shall not be published or disclosed unless 
                the Secretary determines that withholding such 
                information is contrary to the national interest.
    (k) Fees.--No fee may be charged in connection with the submission 
or processing of an export license application.

SEC. 105. NATIONAL SECURITY, NONPROLIFERATION, AND FOREIGN POLICY 
              CONTROL AUTHORITIES.

    (a) Authority.--
            (1) In general.--To carry out the policies stated in 
        section 102(b), the President may--
                    (A) prohibit or curtail the export of any item 
                subject to the jurisdiction of the United States or 
                exported by any person subject to the jurisdiction of 
                the United States; and
                    (B) restrict the financing, transporting, or other 
                servicing or facilitation of such transfer.
            (2) Additional authority.--In accordance with paragraph 
        (1), the President may prohibit or curtail the transfer of 
        goods or technology within the United States to embassies and 
        affiliates of target countries. For purposes of this paragraph, 
        the term ``affiliates'' includes both governmental entities and 
        commercial entities that are controlled in fact by target 
        countries.
    (b) Multilateral Controls.--
            (1) In general.--The President shall seek United States 
        membership in multilateral arrangements that are intended to 
        secure effective achievement of the policies set forth in 
        section 102(b).
            (2) Criteria.--Export controls may be imposed, expanded, or 
        extended under this section only if--
                    (A) the President determines that the export 
                controls are essential to advancing the national 
                security, nonproliferation, or foreign policies of the 
                United States, as stated in section 102(b); and
                    (B) like-minded countries have agreed with the 
                United States on the utility of such export controls in 
                obtaining a shared objective and procedures for 
                implementing that objective.
            (3) Negotiations.--
                    (A) Countries participating in certain 
                agreements.--The Secretary of State, in consultation 
                with appropriate departments and agencies, shall 
                conduct negotiations with those countries participating 
                in the MTCR, the Australia Group, the Nuclear 
                Suppliers' Group, and other similar regimes that may be 
                established, regarding their cooperation in restricting 
                the export of items in order to carry out the policies 
                stated in section 102(b). Such negotiations shall 
                address, among other issues, which items should be 
                subject to multilaterally agreed upon export 
                restrictions, and the implementation of the 
                restrictions consistent with this title.
                    (B) Other countries.--The Secretary of State, in 
                consultation with appropriate departments and agencies, 
                shall be responsible for conducting negotiations with 
                any country or groups of countries not referred to in 
                subparagraph (A) regarding cooperation in restricting 
                the export of items consistent with this title.
            (4) Objectives for multilateral export control regimes.--
        For purposes of creating effective multilateral export controls 
        and strengthening the controls imposed by export control 
        regimes, the Secretary of State shall, with respect to each 
        export control regime, pursue negotiations with other members 
        of such regime to accomplish the following objectives:
                    (A) Establishment of verifiable export controls.--
                Establishment of verifiable, effective export control 
                systems by regime members that result in comparable 
                implementation, enforcement, sanctions, and statutes of 
                limitations sufficient to deter potential violations.
                    (B) Administration of multilateral regimes.--
                            (i) Secretariats.--Agreement to create 
                        secretariats for each nonproliferation regime, 
                        which would hold regular meetings of the regime 
                        members so that such regime members can 
                        establish regime rules, and establish 
                        procedures for the use of databases and the 
                        sharing of information about the licensing 
                        systems and items licensed by each national 
                        authority that is a member of the regime.
                            (ii) Periodic meetings.--Periodic meetings 
                        of high-level representatives of governments 
                        participating in the regime for the purpose of 
                        coordinating national export control policies 
                        and issuing policy guidance.
                            (iii) Regular consultation.--Establishment 
                        of procedures for regular consultation among 
                        members of the regime on proposed export 
                        license applications to assess the licensing 
                        status of exports and to ensure the reliability 
                        of end users.
                            (iv) Enforcement procedures.--Development 
                        of effective procedures for enforcing the 
                        export controls agreed upon by the regime, 
                        including adequate training and authority for 
                        enforcement officers to investigate and prevent 
                        illegal exports.
                    (C) Development of lists and verification 
                process.--
                            (i) Common list.--Development of a common 
                        list of commodities and technology to which 
                        export controls are applied, and a common list 
                        of countries and end users, where applicable, 
                        to which exports are controlled by members of 
                        the regime.
                            (ii) Documentation procedures.--Development 
                        of a common system of export control 
                        documentation to verify the proposed movement 
                        of commodities and technology.
                            (iii) Violations information exchange.--
                        Establishment of procedures for the 
                        coordination and exchange of information 
                        concerning violations of controls agreed to by 
                        the regime members.
                            (iv) Intelligence information exchange.--
                        Establishment of procedures for the 
                        coordination and sharing of intelligence 
                        information on target countries and controlled 
                        end users.
            (5) Objectives for national systems.--The Secretary of 
        State, in consultation with appropriate departments and 
        agencies, shall take steps to attain the cooperation of 
        multilateral regime members in the effective implementation of 
        export control systems and in the establishment and maintenance 
        of such multilateral regimes. The Secretary of State shall seek 
        the inclusion in the national export control systems of regime 
        members of--
                    (A) national laws providing sufficient enforcement 
                authorities, civil and criminal penalties, and statutes 
                of limitations sufficient to deter potential violations 
                and punish violators;
                    (B) a program to evaluate export license 
                applications that includes sufficient technical 
                expertise to assess the licensing status of exports and 
                ensure the reliability of end users;
                    (C) an enforcement mechanism that provides 
                authority for trained enforcement officers to 
                investigate and prevent prohibited exports;
                    (D) a system of export control documentation to 
                verify the movement of items;
                    (E) procedures for the coordination and exchange of 
                information concerning licensing, end users, and 
                enforcement; and
                    (F) adequate national resources devoted to carrying 
                out subparagraphs (A) through (E).
            (6) Publication of elements of multilateral control 
        regimes.--Consistent with arrangements in, and commitments 
        required by, multilateral regimes of which the United States is 
        a member, not later than 6 months after the date of enactment 
        of this Act and not later than 2 months after joining or 
        organizing a new multilateral regime, the Secretary, in 
        consultation with appropriate departments and agencies, shall 
        publish in the Federal Register--
                    (A) the purposes of the export control regime;
                    (B) a list of member countries;
                    (C) the licensing policy of the regime;
                    (D) a list of items subject to controls, together 
                with all public notes, understandings, and other 
                aspects of such agreement and all changes thereto;
                    (E) a list of any target countries or regions, 
                target end uses, and target end users (including any 
                projects of concern);
                    (F) rules of interpretation;
                    (G) major policy actions; and
                    (H) the rules and procedures of the regime for 
                establishing and modifying information referred to in 
                this paragraph and for reviewing export license 
                applications, as provided for by the regime.
        The Secretary shall publish any changes in the information 
        referred to in this paragraph not later than 2 months after 
        adoption of such changes by a multilateral regime of which the 
        United States is a member.
            (7) Annual evaluation of effectiveness of multilateral 
        control regimes.--Not less frequently than annually, the 
        Secretary shall evaluate the effectiveness of each multilateral 
        export control regime of which the United States is a member. 
        The evaluations shall--
                    (A) examine the extent to which each multilateral 
                regime and its members, including the United States, 
                meet the objectives described in paragraphs (4) and 
                (5); and
                    (B) identify--
                            (i) countries, members and nonmembers, that 
                        are sources of foreign availability for each 
                        item controlled by the regime;
                            (ii) countries that pose risks for 
                        diverting controlled items to target countries, 
                        target end uses, or target end users; and
                            (iii) items not controlled by the regime 
                        that the United States believes should be 
                        controlled if the multilateral regime is to 
                        achieve its objectives.
            (8) Incentives for partnership.--Consistent with the 
        policies stated in section 102(b) and the objectives, rules, 
        and guidelines of an individual multilateral control regime, 
        the Secretary, in consultation with appropriate departments and 
        agencies, and based upon the evaluation required under 
        paragraph (7)--
                    (A) may provide for exports free of validated 
                license requirements to and among members of the 
                multilateral regime for items subject to controls under 
                such a multilateral regime, if the members have met the 
                objectives described in paragraph (5); and
                    (B) may adjust licensing policies for access to 
                items controlled pursuant to this title depending on 
                the degree of adherence to the objectives described in 
                paragraph (5) of a country or other entity to the 
                export control policies of this section.
            (9) Support of other countries' export control programs.--
        The Secretary may participate in the education and training of 
        officials of other countries on the principles and procedures 
        for the implementation of effective export controls.
            (10) Successor regime to cocom.--
                    (A) Special interim licensing procedure for 
                secretary of defense.--
                            (i) Right of review.--In addition to any 
                        authority provided under section 108, and until 
                        the President makes a certification under 
                        subparagraph (C), the Secretary of Defense--
                                    (I) may review any proposed export 
                                of any good or technology to any 
                                country to which exports are controlled 
                                for national security purposes; and
                                    (II) if the Secretary of Defense 
                                determines that the export of such good 
                                or technology would make a significant 
                                contribution to the military potential 
                                of any such country that would prove 
                                detrimental to the national security of 
                                the United States, shall recommend to 
                                the President that such export be 
                                disapproved.
                            (ii) Differing recommendations.--If the 
                        Secretary of Defense makes a recommendation to 
                        the President pursuant to clause (i), the 
                        Secretary shall submit his or her 
                        recommendation to the President on the request 
                        to export if the recommendation of the 
                        Secretary differs from that of the Secretary of 
                        Defense.
                            (iii) Notification.--If the President 
                        notifies the Secretary, not later than 20 days 
                        after receiving a recommendation from the 
                        Secretary of Defense under clause (i), that the 
                        President disapproves such export, no license 
                        or other authority may be issued for the export 
                        of such good or technology to a country 
                        referred to in clause (i).
                            (iv) Secretary's discretion.--If the 
                        Secretary of Defense fails to make a 
                        recommendation to the President within 21 days 
                        of receipt of an export license application for 
                        review, or the President, not later than 20 
                        days after receiving a recommendation from the 
                        Secretary of Defense with respect to an export, 
                        fails to notify the Secretary that the 
                        President approves or disapproves the export, 
                        the Secretary shall approve or deny the request 
                        for a license to export without regard to such 
                        recommendation.
                    (B) Sense of the congress regarding negotiating 
                objectives.--It is the sense of the Congress that the 
                Secretary of State should seek--
                            (i) to prevent arms and other sensitive 
                        exports to Iran, Iraq, North Korea, Libya, and 
                        any other nation certified by the Secretary of 
                        State pursuant to subsection (d)(3)(A) as 
                        providing State support for acts of 
                        international terrorism, that are contributing 
                        to tensions in the Middle East and elsewhere, 
                        and to encourage other regime members and 
                        prospective members to do the same;
                            (ii) to further the process of engaging 
                        countries formerly proscribed by the COCOM in 
                        the establishment of effective export control 
                        systems and in combating the global 
                        proliferation of weapons and sensitive dual-use 
                        technology; and
                            (iii) to close gaps in existing 
                        nonproliferation regimes and improve the 
                        ability of the United States to enhance 
                        regional stability through transparency and 
                        multilateral coordination of national controls 
                        on weapons and sensitive dual-use items in a 
                        global and regional context.
                    (C) Certification of cocom successor.--If the 
                President determines that a successor regime to the 
                COCOM has been established that serves the national 
                security interests of the United States, the President 
                shall, immediately upon such establishment, certify 
                such establishment to the Congress.
                    (D) Appearance before congress.--Not later than 30 
                days after the date of enactment of this Act and once 
                during every 6-month period thereafter until a 
                certification is made under subparagraph (C), the 
                Secretary and the Secretaries of State and Defense 
                shall transmit a report to the Congress and appear in 
                person to testify before the Committee on Foreign 
                Affairs of the House of Representatives and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate on their progress toward the establishment of a 
                successor regime to the COCOM.
    (c) Unilateral Controls.--
            (1) Determination and criteria.--Based upon the review 
        required by section 104(e), the President shall determine, not 
        less frequently than annually, whether the national interest 
        requires that the President terminate unilateral controls and 
        regulations or maintain them for an additional 12-month period.
            (2) Justification for imposition, expansion, or extension 
        of unilateral controls.--Unilateral export controls may be 
        imposed, expanded (or extended) only if the President 
        determines that--
                    (A) such action is essential to advancing the 
                national security, nonproliferation, or foreign 
                policies of the United States, as stated in section 
                102(b), and the objective of the export control is in 
                the overall national interest of the United States and 
                cannot be attained by means other than that export 
                control;
                    (B) the export control would likely make (and has 
                made, as appropriate) substantial progress toward 
                achieving the intended purpose of--
                            (i) changing, modifying, or constraining 
                        the undesirable conduct or policies of the 
                        target country or countries;
                            (ii) denying access by the target country 
                        or countries to controlled items from all 
                        sources; or
                            (iii) establishing multilateral cooperation 
                        to deny the target country or countries access 
                        to controlled items from all sources;
                    (C) the export control would be (and has been, as 
                appropriate) compatible with the foreign policy 
                objectives of the United States and with overall United 
                States policy toward the target country;
                    (D) the reaction of other countries to the export 
                control is not likely to render the control ineffective 
                (and has not rendered the control ineffective, as 
                appropriate) in achieving the intended purpose or would 
                be counter-productive to United States policy 
                interests;
                    (E) the adverse effect of the export control on--
                            (i) the export performance of the United 
                        States;
                            (ii) the competitive position of the United 
                        States as a supplier of items; or
                            (iii) the economic well-being of individual 
                        United States companies and their employees and 
                        communities;
                will not (and has not, as appropriate) exceed the 
                benefit from such control to the United States national 
                security, nonproliferation, or foreign policy 
                interests; and
                    (F) the United States has the ability to 
                effectively enforce (and has effectively enforced, as 
                appropriate) the control.
            (3) Duration of controls.--Any unilateral control imposed 
        under paragraph (2) shall expire by operation of law on January 
        31 of each year.
            (4) Report to congress.--
                    (A) In general.--A unilateral export control may 
                not be imposed, expanded, or extended under this 
                subsection until the Secretary has submitted to the 
                Congress a report--
                            (i) specifying the purpose of the control;
                            (ii) specifying the determinations of the 
                        President described in paragraph (2), the basis 
                        for such determinations, and any possible 
                        adverse foreign policy consequences of the 
                        control;
                            (iii) describing the nature, the subjects, 
                        and the results of, or the plans for the 
                        consultation with, industry, the interested 
                        public, and other countries pursuant to 
                        paragraph (6);
                            (iv) specifying the nature and results of 
                        any alternative means attempted to achieve the 
                        objective of the control, or the reasons for 
                        imposing, expanding, or extending the control 
                        without attempting any such alternative means;
                            (v) describing the availability from other 
                        countries of items comparable to the items 
                        subject to the export control, and describing 
                        the nature and results of the efforts made to 
                        secure the cooperation of foreign governments 
                        in controlling the foreign availability of such 
                        comparable goods or technology;
                            (vi) describing how such control would 
                        significantly further the policies of the 
                        United States stated in section 102(b) or would 
                        further its declared international obligations; 
                        and
                            (vii) assessing the economic consequences 
                        of each such control, including estimates of 
                        any loss of United States exports and jobs.
                    (B) Classified portions.--To the extent necessary 
                to ensure the effectiveness of unilateral export 
                controls, portions of a report required by subparagraph 
                (A) may be submitted to the Congress on a classified 
                basis, and shall be subject to the provisions of 
                section 111(d). Each such report shall, at the 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 this subsection.
            (5) Seeking multilateral support for unilateral controls.--
        The Secretary of State, in consultation with appropriate 
        departments and agencies, shall continually seek support for 
        unilateral export controls by other countries and by effective 
        multilateral control regimes.
            (6) Consultations.--
                    (A) With other countries.--When imposing, 
                expanding, or extending unilateral export controls 
                under this subsection, 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 
                appropriate to advise them of the reasons for the 
                unilateral action and to urge them to adopt similar 
                controls.
                    (B) With industry and others.--The Secretary, in 
                every possible instance, shall consult with, and seek 
                advice from, affected United States public, industries, 
                and technical advisory committees and seek public 
                comment before the imposition, expansion, or extension 
                of any unilateral export control under this subsection, 
                and on such other matters as the Secretary considers 
                appropriate.
            (7) Regulation indicating nature of unilateral controls.--
        All unilateral controls imposed, expanded, or extended under 
        this subsection shall be indicated as such by regulation.
    (d) Implementation.--
            (1) Missile technology.--The Secretary, consistent with 
        section 102(b) and subsections (b) and (c) of this section, and 
        in consultation with appropriate departments and agencies--
                    (A) shall establish and maintain, as part of the 
                Control List, dual-use items on the MTCR Annex;
                    (B) may include, as part of the Control List, items 
                that would provide a material contribution to the 
                design, development, test, production, stockpiling, or 
                use of missile delivery systems which are not included 
                in the MTCR Annex, but which the United States proposes 
                to the other MTCR adherents for inclusion in the MTCR 
                Annex;
                    (C) shall require an individual validated license, 
                consistent with MTCR arrangements, for--
                            (i) any export of items on the list 
                        referred to under subparagraphs (A) and (B) to 
                        any country; and
                            (ii) any export of items that the exporter 
                        knows is destined for a project or facility for 
                        the design, development, or manufacture of a 
                        missile in a country that is not an MTCR 
                        adherent;
                    (D) should, in general, deny licenses described in 
                subparagraph (C) if the ultimate consignee of the goods 
                or technology is a facility in a country that is not an 
                adherent to the MCTR and the facility is designed to 
                develop or build missiles; and
                    (E) should, in general, approve licenses described 
                in subparagraph (C) for the export of items to a 
                country that is an MTCR member or adherent.
            (2) Chemical and biological weapons.--The Secretary, 
        consistent with section 102(b) and subsections (b) and (c) of 
        this section, and in consultation with appropriate departments 
        and agencies--
                    (A) shall establish and maintain, as part of the 
                Control List, dual-use items listed by the Australia 
                Group or by the Chemical Weapons Convention;
                    (B) may include, as part of the Control List, items 
                that would provide a material contribution to the 
                design, development, test, production, stockpiling, or 
                use of chemical or biological weapons which are not 
                listed by the Australia Group, but which the United 
                States proposes to the other Australia Group adherents 
                for inclusion in its list of controlled items; and
                    (C) shall require an individual validated license, 
                consistent with the arrangements in the Australia Group 
                and the Chemical Weapons Convention, for--
                            (i) any export of items on the lists 
                        referred to in subparagraphs (A) and (B) to any 
                        country, except as provided in subsection 
                        (b)(8); and
                            (ii) any export of items that the exporter 
                        knows is destined for a project or facility for 
                        the design, development, or manufacture of a 
                        chemical or biological weapon.
            (3) International terrorism.--
                    (A) Determination by secretary of state.--The 
                Secretary of State shall identify those countries that 
                have repeatedly provided support for acts of 
                international terrorism.
                    (B) Prohibition on export and reexport.--
                Notwithstanding subsection (c)(2), exports and 
                reexports of goods or technologies controlled for 
                national security and nonproliferation reasons are 
                prohibited to countries identified under subparagraph 
                (A).
                    (C) Validated license requirement.--Notwithstanding 
                subsection (c)(2), a validated license shall be 
                required, and applications shall be subject to a 
                general policy of denial, for exports and reexports to 
                countries identified under subparagraph (A) of goods 
                and technologies that are not included under 
                subparagraph (B), but that the Secretary of State 
                determines could--
                            (i) make a significant contribution to the 
                        military potential of any such country, 
                        including its military logistics capability; or
                            (ii) enhance the ability of any such 
                        country to support acts of international 
                        terrorism.
                    (D) Notification to congress.--The Secretary and 
                the Secretary of State shall notify the Committee on 
                Foreign Affairs of the House of Representatives and the 
                Committee on Banking, Housing, and Urban Affairs and 
                the Committee on Foreign Relations of the Senate not 
                less than 30 days before issuing any validated license 
                for exports and reexports to a country identified under 
                subparagraph (A).
                    (E) Publication.--Each identification by the 
                Secretary of State under subparagraph (A), including 
                each determination in effect on the date of enactment 
                of the Anti-terrorism and Arms Export Amendments Act of 
                1989, shall be published in the Federal Register.
                    (F) Rescission.--An identification made by the 
                Secretary of State under subparagraph (A) may not be 
                rescinded unless the President submits to the Speaker 
                of the House of Representatives and the chairman of the 
                Committee on Banking, Housing, and Urban Affairs and 
                the chairman of the Committee on Foreign Relations of 
                the Senate--
                            (i) before the proposed rescission would 
                        take effect, a report certifying that--
                                    (I) there has been a fundamental 
                                change in the leadership and policies 
                                of the government of the country 
                                concerned;
                                    (II) the government of the country 
                                concerned is not supporting acts of 
                                international terrorism; and
                                    (III) the government of the country 
                                concerned has provided assurances that 
                                it will not support acts of 
                                international terrorism in the future; 
                                or
                            (ii) not less than 45 days before the 
                        proposed rescission would take effect, a report 
                        justifying the rescission and certifying that--
                                    (I) the government of the country 
                                concerned has not provided any support 
                                for international terrorism during the 
                                preceding 6-month period; and
                                    (II) the government of the country 
                                concerned has provided assurances that 
                                it will not support acts of 
                                international terrorism in the future.
            (4) Human rights and crime control.--
                    (A) Approval of crime control and detection 
                exports.--Crime control and detection instruments and 
                equipment shall be approved for export by the Secretary 
                only pursuant to a validated export license. 
                Notwithstanding any other provision of this title--
                            (i) any determination of the Secretary of 
                        what items shall be included on the Control 
                        List as a result of the export restriction 
                        imposed under this paragraph shall be made with 
                        the concurrence of the Secretary of State;
                            (ii) any determination of the Secretary to 
                        approve or deny an export license application 
                        to export crime control and detection 
                        instruments or equipment shall be made with the 
                        concurrence of the Secretary of State; and
                            (iii) if the Secretary does not agree with 
                        the Secretary of State with respect to any 
                        determination under clause (i) or (ii), the 
                        matter shall be referred to the President for 
                        resolution.
                    (B) Exceptions.--This paragraph does not apply to 
                exports to--
                            (i) Canada;
                            (ii) any country which is a member of the 
                        European Union;
                            (iii) Norway;
                            (iv) Iceland;
                            (v) Japan;
                            (vi) Australia;
                            (vii) New Zealand; or
                            (viii) such other countries as the 
                        President shall designate, consistent with the 
                        purposes of this paragraph and section 502B of 
                        the Foreign Assistance Act of 1961.
    (e) Unfair Impact on United States Exporters.--
            (1) Policy.--It is the policy of the United States that no 
        United States exporter should be placed at a competitive 
        disadvantage to its commercial competitors because of 
        differences between other countries and the United States in 
        export control policies or practices unless relief from such 
        controls would create an inimical risk to the national 
        security, nonproliferation, or foreign policy interests of the 
        United States.
            (2) Relief from export controls.--
                    (A) In general.--The Secretary, upon the 
                Secretary's own initiative or upon petition by any 
                person, may grant relief from export control 
                requirements.
                    (B) Findings required.--Relief from export controls 
                shall be granted in accordance with paragraphs (3) and 
                (4) if the Secretary finds, after conducting an 
                evaluation, that there is evidence of any of the 
                following:
                            (i) Foreign availability.--The controlled 
                        item is available in fact, or the Secretary 
                        anticipates it will be available in the near 
                        term, following completion of the evaluation, 
                        in sufficient quantity and comparable quality 
                        to the proposed countries of export or end 
                        users from sources outside of the United 
                        States, so that the requirement for a validated 
                        license is or would be ineffective in achieving 
                        the purpose of the control.
                            (ii) Ineffective controls.--The controlled 
                        items are so widely available in the United 
                        States that the Government cannot enforce the 
                        controls effectively, unless the Secretary has 
                        reliable evidence that the controls have been 
                        effective in denying such target destination 
                        access to the controlled items originating in 
                        the United States.
                            (iii) Inconsistent controls.--
                        Inconsistencies between the export control 
                        policies, control lists, or procedures of 
                        governments of foreign suppliers and the United 
                        States effectively have placed or would place 
                        the United States exporter at a significant 
                        near-term commercial disadvantage to its 
                        competitors abroad.
                    (C) Timing.--The Secretary shall initiate an 
                evaluation of a petition for relief under this 
                paragraph not later than 30 days after receipt of such 
                petition.
            (3) Determination and response.--The Secretary, in 
        consultation with appropriate departments and agencies, shall 
        make determinations of facts and, if there are grounds for 
        relief as provided in paragraph (2), shall--
                    (A) consistent with multilateral regimes of which 
                the United States is a member or adherent--
                            (i) change the controlled status of all or 
                        some of the items in question so as to 
                        eliminate any significant competitive 
                        disadvantage; or
                            (ii) selectively approve the sale of 
                        controlled goods so as to eliminate any 
                        significant competitive disadvantage; or
                    (B) seek multilateral support to eliminate the 
                source of foreign availability or to enhance an export 
                control to make it effective, except that if such 
                efforts fail to achieve multilateral support to 
                eliminate the source of foreign availability or to make 
                the control effective, then, not later than 300 days 
                after the date of the initiation of the Secretary's 
                evaluation, the Secretary shall--
                            (i) provide relief pursuant to subparagraph 
                        (A);
                            (ii) if the Secretary of State, in 
                        consultation with appropriate departments and 
                        agencies, finds that substantial progress is 
                        being made to achieve multilateral support to 
                        eliminate the source of foreign availability or 
                        to make the control effective--
                                    (I) provide not more than 180 
                                additional days to continue efforts to 
                                secure multilateral agreement; and
                                    (II) if efforts to secure 
                                multilateral agreement under subclause 
                                (I) fail, continue to seek multilateral 
                                support under the options set forth in 
                                this subparagraph;
                            (iii) take actions against sources of 
                        foreign availability pursuant to paragraph (5); 
                        or
                            (iv) deny relief pursuant to paragraph (4).
            (4) Limitation on relief.--The Secretary may not provide 
        relief to a petitioner under paragraph (2) if the Secretary or 
        the President determines that the granting of such relief would 
        create an inimical risk to United States national security, 
        nonproliferation, or foreign policy interests.
            (5) Actions against sources of foreign availability.--
                    (A) In general.--If the President determines that 
                any sources of foreign availability that are 
                undermining United States unilateral or multilateral 
                controls pose a significant threat to the national 
                security or nonproliferation interests of the United 
                States, and if sections 112 and 113 do not otherwise 
                apply, the President may impose the following 
                prohibitions on the foreign suppliers that are the 
                sources of the foreign availability for a period of not 
                more than 5 years, and may remove such restrictions and 
                sanctions at any time during such 5-year period:
                            (i) License denial.--Denial of validated 
                        licenses for items controlled for national 
                        security and nonproliferation reasons.
                            (ii) Contract prohibition.--Prohibition on 
                        contracting with, and procurement of products 
                        and services from, a sanctioned person, by any 
                        department, agency, or instrumentality of the 
                        United States.
                            (iii) Import prohibition.--Prohibition on 
                        imports into the United States of any or all of 
                        the products produced by a sanctioned person.
                    (B) Relief for certain defense-related items.--The 
                Secretary may not impose import restrictions under 
                subparagraph (A) that are related--
                            (i) to the procurement of defense articles 
                        or defense services--
                                    (I) under existing contracts or 
                                subcontracts, including the exercise of 
                                options for production quantities to 
                                satisfy United States operational 
                                military requirements;
                                    (II) if the Secretary determines 
                                that the foreign person or other entity 
                                to which the controls would otherwise 
                                be applied is a sole source supplier of 
                                essential defense articles or services 
                                and no alternative supplier can be 
                                identified; or
                                    (III) if the Secretary determines 
                                that such articles or services are 
                                essential to the national security 
                                under defense coproduction agreements; 
                                or
                            (ii) to--
                                    (I) products or services provided 
                                under contracts or other binding 
                                agreements (as such terms are defined 
                                by the Secretary in regulations) 
                                entered into before the date on which 
                                the Secretary notifies the Congress of 
                                the intention to impose the sanctions;
                                    (II) spare parts;
                                    (III) component parts, but not 
                                finished products, essential to United 
                                States products or production;
                                    (IV) routine servicing and 
                                maintenance of products; or
                                    (V) information and technology.
            (6) Notice procedures.--
                    (A) Determinations that controls are necessary.--In 
                any case in which the President or the Secretary 
                determines that export controls under this subsection 
                must be maintained notwithstanding the existence of 
                facts that constitute a basis for granting relief, the 
                Secretary shall publish that determination, together 
                with a statement of its basis and the estimated 
                economic impact of the decision.
                    (B) Notice of evaluations.--Whenever the Secretary 
                undertakes an evaluation under paragraph (2), the 
                Secretary shall publish notice of the initiation of 
                such evaluation in the Federal Register.
            (7) Procedures for making determinations.--
                    (A) Consultation.--During the conduct of an 
                evaluation under this subsection, the Secretary shall 
                consult with--
                            (i) the appropriate technical advisory 
                        committees on the near term foreign 
                        availability of the item, based on the product 
                        life cycle of the item; and
                            (ii) other appropriate departments and 
                        agencies concerning the conduct of the 
                        evaluation.
                    (B) Timing.--The Secretary shall make a 
                determination as to whether relief is required under 
                paragraph (2) not later than 90 days after the date on 
                which the Secretary's evaluation is commenced, and 
                shall so notify the applicant.
                    (C) Review.--If the Secretary has determined that 
                relief from export controls under this subsection is 
                appropriate, the Secretary shall, upon making such a 
                determination, submit the determination for review to 
                appropriate departments and agencies for consultation 
                regarding the findings and selected relief. The 
                Secretary's determination as to eligibility for relief 
                and the nature of the relief to be granted does not 
                require the concurrence or approval of any official, 
                department, or agency to which such a determination is 
                submitted.
                    (D) Publication.--Not later than 120 days from the 
                date on which the Secretary initiates an evaluation 
                under this subsection, the Secretary shall respond in 
                writing to the petitioner and shall publish in the 
                Federal Register, that--
                            (i) in any case in which the Secretary 
                        determines that relief should be granted, as 
                        applicable--
                                    (I) the requirement of a validated 
                                license has been removed;
                                    (II) the control status of all or 
                                some of the items in question has been 
                                changed so as to eliminate any 
                                significant competitive disadvantage;
                                    (III) the sale of controlled items 
                                has been approved so as to eliminate 
                                any significant competitive 
                                disadvantage;
                                    (IV) pursuant to paragraph (4), 
                                export controls under this section will 
                                be maintained notwithstanding any 
                                finding under paragraph (2), and 
                                negotiations are being undertaken in 
                                accordance with subparagraph (F); or
                                    (V) the United States 
                                recommendation to remove the validated 
                                license requirement or change the 
                                control status will be submitted to a 
                                relevant multilateral regime for 
                                consideration for a period of not more 
                                than 180 days, beginning on the date of 
                                the publication; or
                            (ii) a right to relief under paragraph (2) 
                        has been determined not to exist.
                    (E) Timeliness.--The Secretary may not require a 
                license for the export of items that are the subject of 
                a petition under paragraph (2) more than 120 days after 
                the initiation of the Secretary's evaluation under 
                paragraph (2) unless the Secretary has submitted a 
                response for publication as required under subparagraph 
                (D). In the case of a determination made under 
                paragraph (3) to refer a proposed export control relief 
                to the relevant multilateral regime, no license for 
                such export may be required more than 300 days after 
                the date of the initiation of the Secretary's 
                evaluation under paragraph (2) unless the Secretary or 
                the President makes a finding under paragraph (4) or 
                other relief is granted under paragraph (3).
                    (F) Negotiations to eliminate foreign 
                availability.--
                            (i) In general.--In any case in which 
                        export controls are maintained under this 
                        section pursuant to paragraph (4), the 
                        Secretary of State shall actively pursue 
                        negotiations with the governments of the 
                        appropriate foreign countries for the purpose 
                        of eliminating such foreign availability or 
                        competitive disadvantage. Not later than the 
                        commencement of such negotiations, the 
                        Secretary of State shall notify in writing the 
                        Committee on Banking, Housing, and Urban 
                        Affairs of the Senate and the Committee on 
                        Foreign Affairs of the House of Representatives 
                        that such negotiations have begun and why the 
                        Secretary believes it is important that export 
                        controls on the items involved be maintained to 
                        avoid a significant risk to the national 
                        security, nonproliferation, or foreign policy 
                        interests of the United States.
                            (ii) Authority of secretary of state.--If 
                        the Secretary of State has reason to believe 
                        that items subject to export controls by the 
                        United States may become available from other 
                        countries to target countries and that such 
                        availability can be prevented or eliminated by 
                        means of negotiations with such other 
                        countries, the Secretary of State shall 
                        promptly initiate negotiations with the 
                        governments of such other countries to prevent 
                        such foreign availability.
            (8) Sharing of information.--Each department or agency of 
        the United States, including any intelligence agency, and all 
        contractors with any such department or agency, shall, upon the 
        request of the Secretary and consistent with the protection of 
        intelligence sources and methods, furnish information to the 
        Department concerning foreign availability of items subject to 
        export controls under this section. Consistent with the 
        protection of intelligence sources and methods and 
        classification restrictions, each such department or agency 
        shall allow the Department access to such information from a 
        laboratory or other facility within such department or agency.
            (9) Availability defined.--
                    (A) In general.--For purposes of this subsection, 
                the term ``available in fact to target countries'' 
                includes production or availability of any item from 
                any country--
                            (i) where the item is not restricted for 
                        export to any target country; or
                            (ii) where the export restrictions are 
                        determined by the Secretary to be ineffective.
                    (B) Exception.--For purposes of subparagraph 
                (A)(ii), the mere inclusion of items on a list of items 
                subject to multilateral export controls shall not alone 
                constitute credible evidence of the effectiveness of 
                export restrictions.
            (10) Congressional notification and reporting 
        requirements.--The Secretary shall annually notify the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate of all petitions for relief made under this subsection, 
        the status of all such petitions, and the rationale for all 
        decisions related to such petitions.
    (f) International Obligations.--Notwithstanding any other provision 
of this title containing limitations on authority to control imports 
and exports, in order to fulfill obligations of the United States 
pursuant to resolutions of the United Nations, treaties, or other 
international agreements to which the United States is a party, the 
Secretary, in consultation with appropriate departments and agencies, 
may impose controls on exports and imports to and from a target country 
or region.
    (g) Information Sharing.--The Secretary and appropriate officials 
of the intelligence community, as determined by the Director of Central 
Intelligence, and other appropriate Government agencies, shall 
establish a procedure for information sharing.
    (h) Denied Parties, Sanctioned Parties, Specially Designated 
Nationals, and Other Parties Presenting Unacceptable Risks of 
Diversion.--
            (1) Denied parties, sanctioned parties, specially 
        designated nationals.--The Secretary shall maintain and publish 
        a list of--
                    (A) parties denied export privileges under this 
                title;
                    (B) parties sanctioned for prohibited proliferation 
                activity under this title or other statutes; and
                    (C) specially designated nationals named under the 
                International Emergency Economic Powers Act.
            (2) Other parties.--The Secretary shall maintain a list of 
        parties for whom licenses will be presumptively denied.
    (i) Freedom of Information Act Exemption.--The identity of parties 
maintained or disclosed pursuant to subsection (h)(2) is not subject to 
disclosure under section 552 of title 5, United States Code.
    (j) No Effect on Nuclear Non-Proliferation Act of 1978.--Nothing in 
this section shall be construed to supersede the procedures published 
by the President pursuant to section 309(c) of the Nuclear Non-
Proliferation Act of 1978.
    (k) Exception for Humanitarian Purposes.--This title does not 
authorize the imposition of export controls on donations of items that 
are intended to meet basic human needs, including food, educational 
materials, seeds, hand tools, water resources equipment, clothing and 
shelter materials, and basic household supplies.
    (l) Spare Parts.--
            (1) In general.--An individual validated export license 
        shall not be required for replacement parts that are exported 
        to replace, on a one-for-one basis, parts that were in a good 
        that was lawfully exported from the United States.
            (2) Exception.--Concurrent with the imposition or expansion 
        of export controls under this section, the President may 
        determine that such export controls will apply to replacement 
        parts for parts in goods subject to such export controls.
    (m) Assessment of Encryption Software Market.--
            (1) Presidential report required.--Not later than 150 days 
        after the date of enactment of this Act, the President shall 
        submit a report to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Foreign Affairs of 
        the House of Representatives.
            (2) Contents of report.--The report required by paragraph 
        (1) shall--
                    (A) assess the current and future international 
                market for computer software with encryption;
                    (B) assess the impact of United States encryption 
                export controls on the international competitiveness of 
                the United States computer software industry and their 
                economic consequences, including the impact on exports 
                and jobs in the United States computer software 
                industry; and
                    (C) review the types, quality and market 
                penetration of foreign produced encryption software 
                products and any controls that influence the 
                international marketability of encryption software 
                products.
            (3) Consultation.--In preparing the report required under 
        paragraph (1), the President shall consult with representatives 
        of the United States computer software industry. Confidential 
        business information provided by United States industry in the 
        course of preparing the report shall not be disclosed, except 
        with the permission of the submitter or when aggregated so that 
        the source of the information cannot be identified.

SEC. 106. SHORT SUPPLY CONTROLS.

    (a) Authority.--
            (1) In general.--In order to carry out the policy stated in 
        section 102(b)(1)(E), the President may prohibit or curtail the 
        export of any item subject to the jurisdiction of the United 
        States, or exported by any person subject to the jurisdiction 
        of the United States. In curtailing exports to carry out the 
        policy stated in section 102(b)(1)(E), the President shall 
        allocate a portion of export licenses on the basis of factors 
        other than a prior history of exportation. Such factors shall 
        include--
                    (A) the extent to which a country engages in 
                equitable trade practices for United States items; and
                    (B) treats the United States equitably in times of 
                short supply.
            (2) Publication of restrictions.--The Secretary shall 
        publish in the Federal Register notice of the imposition of 
        quantitative restrictions on the export of any item to carry 
        out the policy set forth in section 102(b)(1)(E). Such notice 
        shall invite all interested parties to submit written comments 
        during the 15-day period beginning on the date of publication 
        of the notice regarding the impact of such restrictions, and 
        the method of licensing used to implement them.
            (3) Export license fees.--Notwithstanding section 104(k), 
        in imposing export controls under this section, the President's 
        authority shall include the imposition of export license fees.
    (b) Monitoring.--
            (1) Impact on the economy.--In order to carry out the 
        policy stated in section 102(b)(1)(E), the Secretary shall 
        monitor exports and contracts for exports, of any good (other 
        than a commodity subject to the reporting requirements of 
        section 602 of the Agricultural Trade Act of 1978), if--
                    (A) the volume of such exports in relation to 
                domestic supply contributes, or may contribute, to an 
                increase in domestic prices or a domestic shortage; and
                    (B) such price increase or shortage has, or may 
                have, a serious adverse impact on any part of the 
                United States economy.
            (2) Timeliness.--Any monitoring undertaken in accordance 
        with paragraph (1) shall commence at a time adequate to assure 
        that it will result in a data base sufficient to enable 
        policies to be developed, in accordance with the policy stated 
        in section 102(b)(1)(E)--
                    (A) to mitigate a short supply situation or serious 
                inflationary price rise; or
                    (B) if export controls are needed, to permit 
                imposition of such controls in a timely manner.
            (3) Confidentiality.-- Except as provided in paragraph (4), 
        information required to be furnished to the Secretary in 
        effecting monitoring in accordance with paragraph (1) shall be 
        confidential.
            (4) Reports.--
                    (A) In general.--The results of monitoring 
                undertaken in accordance with paragraph (1) shall, to 
                the extent practicable, be aggregated and included in 
                weekly reports setting forth, for each item monitored--
                            (i) actual and anticipated exports;
                            (ii) the destination by country of such 
                        item; and
                            (iii) the domestic and worldwide price, 
                        supply, and demand.
                    (B) Alternative timing.--Reports required under 
                subparagraph (A) may be made monthly if the Secretary 
                determines that there is insufficient information to 
                justify weekly reports.
    (c) Domestically Produced Crude Oil.--
            (1) General limitation on exports.--Notwithstanding any 
        other provision of this title and section 28(u) of the Mineral 
        Leasing Act, no domestically produced crude oil transported by 
        pipeline over right-of-way granted pursuant to section 203 of 
        the Trans-Alaska Pipeline Authorization Act may be exported 
        from the United States, or from any of its territories and 
        possessions, except as provided in paragraph (2).
            (2) Exports permitted.--Crude oil subject to the 
        prohibition contained in paragraph (1) may be exported only 
        if--
                    (A) the President recommends such permission to the 
                Congress after making and publishing express findings 
                that exports of such crude oil, including exchanges--
                            (i) will not diminish the total quantity or 
                        quality of petroleum refined within, stored 
                        within, or legally committed to be transported 
                        to and sold within the United States;
                            (ii) will, not later than 3 months after 
                        the initiation of such exports or changes, 
                        result in--
                                    (I) acquisition costs to the 
                                refiners that purchase the imported 
                                crude oil that are lower than the 
                                acquisition costs such refiners would 
                                have to pay for the domestically 
                                produced oil in the absence of such an 
                                export or exchange; and
                                    (II) not less than 75 percent of 
                                such savings in costs being reflected 
                                in wholesale and retail prices of 
                                products refined from such imported 
                                crude oil;
                            (iii) will be made only pursuant to 
                        contracts that may be terminated if the crude 
                        oil supplies of the United States are 
                        interrupted, threatened, or diminished;
                            (iv) are clearly necessary to protect the 
                        national interests; and
                            (v) are in accordance with the provisions 
                        of this title; and
                    (B) the President includes the findings made under 
                subparagraph (A) in the President's recommendation to 
                the Congress and the Congress, not later than 60 days 
                after receiving that recommendation, adopts a joint 
                resolution that approves such exports on the basis of 
                those findings.
            (3) Oil supply agreement exception.--Notwithstanding any 
        other provision of this section, or any other provision of law, 
        the President may export oil to any country pursuant to a 
        bilateral international oil supply agreement entered into by 
        the United States with such country before June 25, 1979, or to 
        any country pursuant to the International Emergency Oil Sharing 
        Plan of the International Energy Agency.
            (4) Ocean transportation requirement.--Any ocean 
        transportation of domestically produced crude oil transported 
        by pipeline over right-of-way granted pursuant to section 203 
        of the Trans-Alaska Pipeline Authorization Act shall be by 
        vessels documented under section 12106 of title 46, United 
        States Code, if such crude oil--
                    (A) is exported to an adjacent foreign country to 
                be refined and consumed therein in exchange for the 
                same quantity of crude oil being exported from that 
                country to the United States, and which exchange will 
                result, through convenience or increased efficiency of 
                transportation, in lower prices for consumers of 
                petroleum products in the United States, as described 
                in paragraph (2)(A)(ii);
                    (B) is temporarily exported for convenience or 
                increased efficiency of transportation across parts of 
                an adjacent foreign country and reenters the United 
                States; 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 
                paragraph (2)).
            (5) Oil exports for use by united states military 
        facilities.--For purposes of this subsection and of any other 
        export controls imposed under this title, shipments of crude 
        oil, refined petroleum products, or partially refined petroleum 
        products from the United States for use by the Department of 
        Defense or United States-supported installations or facilities 
        shall not be considered to be exports.
    (d) Agricultural Commodities.--
            (1) Approval by secretary of agriculture.--
                    (A) In general.--The authority conferred by this 
                section shall not be exercised for any agricultural 
                commodity, including fats, oils, animal hides, or 
                skins, without the approval of the Secretary of 
                Agriculture. The Secretary of Agriculture shall not 
                approve the exercise of such authority for any such 
                commodity during any period for which the supply of 
                such commodity is determined by the Secretary of 
                Agriculture to be in excess of the requirements of the 
                domestic economy, except to the extent that the 
                President determines that such exercise of authority is 
                required to carry out the policies stated in 
                subparagraph (A) or (C) of section 102(b)(1).
                    (B) Collection of data.--The Secretary of 
                Agriculture shall, by exercising the authority which 
                the Secretary of Agriculture has under other applicable 
                provisions of law, collect data on export sales of 
                animal hides and skins.
            (2) Agricultural commodities purchased or used by a foreign 
        country.--Upon approval of the Secretary, in consultation with 
        the Secretary of Agriculture, agricultural commodities 
        purchased by or for use in a foreign country may remain in the 
        United States for export at a later date free from any 
        quantitative limitations on export which may be imposed to 
        carry out the policy stated in section 102(b)(1)(E) subsequent 
        to such approval. The Secretary may not grant such approval 
        unless the Secretary receives adequate assurance and, in 
        conjunction with the Secretary of Agriculture, finds that--
                    (A) such commodities will eventually be exported;
                    (B) neither the sale nor export thereof will result 
                in an excessive drain of scarce materials and have a 
                serious domestic inflationary impact;
                    (C) storage of such commodities in the United 
                States will not unduly limit the space available for 
                storage of domestically owned commodities; and
                    (D) the purpose of such storage is to establish a 
                reserve of such commodities for later use, not 
                including resale to or use by another country.
            (3) Congressional approval of controls.--
                    (A) Report required.--If the President imposes 
                export controls on any agricultural commodity in order 
                to carry out the policy stated in subparagraph (A), 
                (C), (D), or (E) of section 102(b)(1), the President 
                shall immediately transmit a report on such action to 
                the Congress, setting forth the reasons for the 
                controls in detail and specifying the periods of time, 
                not to exceed 1 year, that the controls are proposed to 
                be in effect. If the Congress, not later than 60 days 
                after the date after receipt of the report, adopts a 
                joint resolution pursuant to paragraph (4) approving 
                the imposition of the export controls, such controls 
                shall remain in effect for the period specified in the 
                report, or until terminated by the President, whichever 
                occurs first. If the Congress, within 60 days after the 
                date of receipt of such report, fails to adopt a joint 
                resolution approving such controls, then such controls 
                shall cease to be effective upon the expiration of that 
                60-day period.
                    (B) Exceptions.--The provisions of subparagraph (A) 
                and paragraph (4) do not apply to export controls 
                that--
                            (i) are extended under this title if the 
                        controls, when imposed, were approved by the 
                        Congress under subparagraph (A), or paragraph 
                        (4); or
                            (ii) are imposed on exports to a country as 
                        part of the prohibition or curtailment of all 
                        exports to that country.
            (4) Approval by joint resolution.--
                    (A) Definition.--For purposes of this paragraph, 
                the term ``joint resolution'' means only a joint 
                resolution the matter after the resolving clause of 
                which is as follows: ``That pursuant to section 
                106(d)(3) of the Export Administration Act of 1994, the 
                President may impose export controls as specified in 
                the report submitted to the Congress on 
                ____________.'', with the blank space being filled with 
                the appropriate date.
                    (B) Introduction.--On the day on which a report is 
                submitted to the House of Representatives and the 
                Senate under paragraph (3), a joint resolution on the 
                export controls specified in such report shall be 
                introduced (by request) in the House by the chairman of 
                the Committee on Foreign Affairs, for himself and the 
                ranking minority member of the Committee, or by Members 
                of the House designated by the chairman and ranking 
                minority member; and shall be introduced (by request) 
                in the Senate by the majority leader of the Senate, for 
                himself and the minority leader of the Senate, or by 
                Members of the Senate designated by the majority leader 
                and minority leader of the Senate. If either House is 
                not in session on the day on which such a report is 
                submitted, the joint resolution shall be introduced in 
                that House, as provided in the preceding sentence, on 
                the first day thereafter on which that House is in 
                session.
                    (C) Referral.--All joint resolutions introduced in 
                the House of Representatives shall be referred to the 
                appropriate committee and all joint resolutions 
                introduced in the Senate shall be referred to the 
                Committee on Banking, Housing, and Urban Affairs.
                    (D) Discharge from committee.--If the committee of 
                either House to which a joint resolution has been 
                referred has not reported the joint resolution at the 
                end of 30 days after its referral, the committee shall 
                be discharged from further consideration of the 
                resolution or of any other joint resolution introduced 
                on the same matter.
                    (E) Consideration procedures.--
                            (i) Senate.--A joint resolution under this 
                        paragraph shall be considered in the Senate in 
                        accordance with the provisions of section 
                        601(b)(4) of the International Security 
                        Assistance and Arms Export Control Act of 1976.
                            (ii) House of representatives.-- It shall 
                        be in order for the Committee on Rules of the 
                        House of Representatives to present for 
                        consideration a resolution of the House of 
                        Representatives providing procedures for the 
                        immediate consideration of a joint resolution 
                        under this paragraph which may be similar, if 
                        applicable, to the procedures set forth in 
                        section 601(b)(4) of the International Security 
                        Assistance and Arms Export Control Act of 1976.
                    (F) Consideration after passage by one house.--In 
                the case of a joint resolution described in 
                subparagraph (A), if, before the passage by one House 
                of a joint resolution of that House, that House 
                receives a resolution on the same matter from the other 
                House, then--
                            (i) the procedure in the House shall be the 
                        same as if no joint resolution has been 
                        received from the other House; but
                            (ii) the vote on final passage shall be on 
                        the joint resolution of the other House.
            (5) Computation of time.--In the computation of the period 
        of 60 days referred to in paragraph (3) and the period of 30 
        days referred to in paragraph (4)(D), there shall be excluded 
        the days on which either House of Congress 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.
            (6) Effect on contracts to export.--Any export controls 
        imposed under this section on any agricultural commodity 
        (including fats, oils, animal hides, and skins) or on any 
        forest product or fishery product, shall not affect any 
        contract to export entered into before the date on which such 
        controls are imposed. For purposes of this paragraph, the term 
        ``contract to export'' includes an export sales agreement and 
        an agreement to invest in an enterprise which involves the 
        export of goods or technology.
    (e) Barter Agreements.--
            (1) Exemption authorized.--The exportation pursuant to a 
        barter agreement of any item that may be lawfully exported from 
        the United States, or for any item which may be lawfully 
        imported into the United States, shall be exempted, in 
        accordance with paragraph (2), from any quantitative limitation 
        on exports (other than any reporting requirement) imposed to 
        carry out the policy set forth in section 102(b)(1)(E).
            (2) Findings required.--The Secretary shall grant an 
        exemption under paragraph (1) if the Secretary finds, after 
        consultation with the appropriate department or agency of the 
        United States, that--
                    (A) for the period during which the barter 
                agreement is to be performed--
                            (i) the average annual quantity of the item 
                        to be exported pursuant to the barter agreement 
                        will not be required to satisfy the average 
                        amount of such item estimated to be required 
                        annually by the domestic economy and will be 
                        surplus thereto; and
                            (ii) the average annual quantity of the 
                        item to be imported will be less than the 
                        average amount of such item estimated to be 
                        required annually to supplement domestic 
                        production; and
                    (B) the parties to such barter agreement have 
                demonstrated adequately that they intend, and have the 
                capacity, to perform such barter agreement.
            (3) Definition.--For purposes of this subsection, the term 
        ``barter agreement'' means any agreement which is made for the 
        exchange, without monetary consideration, of any item produced 
        in the United States for any item produced outside of the 
        United States.
            (4) Applicability.--This subsection shall apply only to 
        barter agreements entered into after September 30, 1979.
    (f) Unprocessed Red Cedar.--
            (1) Export prohibition.--No unprocessed western red cedar 
        logs (also referred to as ``Thuja plicata'') harvested from 
        Federal or State lands may be exported from the United States.
            (2) Exclusion.--Unprocessed western red cedar logs shall 
        not be considered to be an agricultural commodity for purposes 
        of subsection (d).
            (3) Definition.--For purposes of this subsection, the term 
        ``unprocessed western red cedar'' means red cedar timber which 
        has not been processed into--
                    (A) 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;
                    (B) chips, pulp, and pulp products;
                    (C) veneer and plywood;
                    (D) poles, posts, or pilings cut or treated with 
                preservative for use as such and not intended to be 
                further processed; or
                    (E) shakes and shingles.
            (4) Exemption.--Unprocessed western red cedar logs 
        harvested from land located in Alaska are exempt from this 
        subsection.
            (5) Effect on existing contracts.--The export restrictions 
        contained in this subsection, and any other export controls 
        imposed under this section shall not affect any contract to 
        harvest unprocessed western red cedar from State lands which 
        was entered into before October 1, 1979, and the performance of 
        which would make the red cedar available for export.

SEC. 107. FOREIGN BOYCOTTS.

    (a) Prohibitions and Exceptions.--
            (1) Regulations.--For the purpose of implementing the 
        policies stated in paragraphs (9) and (10) of section 102(b), 
        the President shall issue regulations prohibiting any United 
        States person, with respect to his or her activities in the 
        interstate or foreign commerce of the United States, from 
        taking or knowingly agreeing to take any of the following 
        actions with the intent to comply with, further, or support any 
        boycott fostered or imposed by a foreign country against a 
        country which is friendly to the United States and which is not 
        itself the object of any form of boycott pursuant to United 
        States law or regulation:
                    (A) Business relations.--Refusing or requiring any 
                other person to refuse to do business--
                            (i) with or in the boycotted country;
                            (ii) with any business concern organized 
                        under the laws of the boycotted country;
                            (iii) with any national or resident of the 
                        boycotted country; or
                            (iv) with any other person;
                pursuant to an agreement with, a requirement of, or a 
                request from or on behalf of the boycotting country. 
                The mere absence of a business relationship with or in 
                the boycotted country with any business concern 
                organized under the laws of the boycotted country, with 
                any national or resident of the boycotted country, or 
                with any other person, does not indicate the existence 
                of the intent required to establish a violation of 
                regulations issued to carry out this subparagraph.
                    (B) Employment.--Refusing, or requiring any other 
                person to refuse to employ or otherwise discriminate 
                against any United States person on the basis of race, 
                religion, sex, or national origin of that person, or of 
                any owner, officer, director, or employee of such 
                person.
                    (C) Demographic information.--Furnishing 
                information with respect to the race, religion, sex, or 
                national origin of any United States person, or of any 
                owner, officer, director, or employee of such person.
                    (D) Business information.--Furnishing information 
                about whether any person has, has had, or proposes to 
                have any business relationship (including a 
                relationship by way of sale, purchase, or legal or 
                commercial representation, shipping or other transport, 
                insurance, investment, or supply) with or in the 
                boycotted country, with any business concern organized 
                under the laws of the boycotted country, with any 
                national or resident of the boycotted country, or with 
                any other person known or believed to be restricted 
                from having any business relationship with or in the 
                boycotting country. Nothing in this subparagraph shall 
                prohibit the furnishing of normal business information 
                in a commercial context, as defined by the Secretary.
                    (E) Information on associations.--Furnishing 
                information about whether any person is a member of, 
                has contributed to, or is otherwise associated with or 
                involved in the activities of any charitable or 
                fraternal organization which supports the boycotting 
                country.
                    (F) Financial incentives.--Paying, honoring, 
                confirming, or otherwise implementing a letter of 
                credit which contains any condition or requirement 
                compliance with which is prohibited by regulations 
                issued pursuant to this paragraph. No United States 
                person shall, as a result of the application of this 
                subparagraph, be obligated to pay or otherwise honor or 
                implement such letter of credit.
            (2) Exceptions.--Regulations issued pursuant to paragraph 
        (1) shall provide exceptions for--
                    (A) complying or agreeing to comply with 
                requirements--
                            (i) prohibiting the import of items or 
                        services from the boycotted country or items 
                        produced or services provided by any business 
                        concern organized under the laws of the 
                        boycotted country or by nationals or residents 
                        of the boycotted country; or
                            (ii) prohibiting the shipment of items to 
                        the boycotted country on a carrier of the 
                        boycotted country, or by a route other than 
                        that prescribed by the boycotting country or 
                        the recipient of the shipment;
                    (B) complying or agreeing to comply with import and 
                shipping document requirements with respect to the 
                country of origin, the name of the carrier and route of 
                shipment, the name of the supplier of the shipment or 
                the name of the provider of other services, except that 
                no information knowingly furnished or conveyed in 
                response to such requirements may be stated in 
                negative, blacklisting, or similar exclusionary terms, 
                other than with respect to carriers or route of 
                shipment as may be permitted by such regulations in 
                order to comply with precautionary requirements 
                protecting against war risks and confiscation;
                    (C) complying or agreeing to comply in the normal 
                course of business with the unilateral and specific 
                selection by a boycotting country, or national or 
                resident thereof, of carriers, insurers, suppliers of 
                services to be performed within the boycotting country 
                or specific items which, in the normal course of 
                business, are identifiable by source when imported into 
                the boycotting country;
                    (D) complying or agreeing to comply with export 
                requirements of the boycotting country relating to 
                shipments or transshipment of exports to the boycotted 
                country, to any business concern of, or organized under 
                the laws of, the boycotted country, or to any national 
                or resident of the boycotted country;
                    (E) compliance by an individual or agreement by an 
                individual to comply with the immigration or passport 
                requirements of any country with respect to such 
                individual or any member of such individual's family or 
                with requests for information regarding requirements of 
                employment of such individual within the boycotting 
                country; and
                    (F) compliance by a United States person resident 
                in a foreign country or agreement by such person to 
                comply with the laws of the country with respect to his 
                or her activities exclusively therein.
            (3) Exception for compliance with foreign laws.--
        Regulations issued pursuant to paragraph (2)(F) may contain 
        exceptions for a United States person resident in a foreign 
        country complying with the laws or regulations of the foreign 
        country governing imports into such country of trademarked, 
        trade named, or similarly specifically identifiable products, 
        or components of products for the use of such person, including 
        the performance of contractual services within that country, as 
        may be defined by such regulations.
            (4) Limitation.--Regulations issued pursuant to 
        subparagraphs (C) and (F) of paragraph (2) shall not provide 
        exceptions from subparagraphs (B) and (C) of paragraph (1).
            (5) No effect on antitrust or civil rights laws.--Nothing 
        in this subsection may be construed to supersede or limit the 
        operation of the antitrust or civil rights laws of the United 
        States.
    (b) Reporting of Certain Trade Practices.--
            (1) Report to secretary.--The President shall issue 
        regulations requiring that any United States person receiving a 
        request for the furnishing of information, the entering into or 
        implementing of agreements, or the taking of any other action 
        referred to in paragraphs (9) and (10) of section 102(b) 
        shall--
                    (A) report that fact to the Secretary, together 
                with such other information concerning the request as 
                the Secretary may require in order to take appropriate 
                action to carry out the policies set forth in those 
                paragraphs; and
                    (B) report to the Secretary whether such person 
                intends to comply and whether such person has complied 
                with the request.
            (2) Public inspection.--Any report filed pursuant to 
        paragraph (1) shall be made available promptly for public 
        inspection and copying, except that information regarding the 
        quantity, description, and value of any items to which such 
        report relates may be kept confidential if the Secretary 
        determines that disclosure thereof would place the United 
        States person involved at a competitive disadvantage.
            (3) Transmittal to secretary of state.--The Secretary shall 
        periodically transmit summaries of the information contained in 
        reports made to the Secretary of State under paragraph (1) as 
        the Secretary of State, in consultation with the Secretary, 
        considers appropriate for carrying out the policies stated in 
        paragraphs (9) and (10) of section 102(b).
    (c) Preemption.--This section and the regulations issued pursuant 
to this section shall preempt any law, rule, or regulation of any of 
the several States, or the District of Columbia, or any of the 
territories or possessions of the United States, or of any governmental 
subdivision thereof, which pertains to participation in, compliance 
with, implementation of, or the furnishing of information regarding 
restrictive trade practices, or boycotts fostered or imposed by foreign 
countries against other countries.
    (d) General Application.--This section shall apply to any 
transaction or activity undertaken by or through a United States person 
or any other person with intent to evade the provisions of this section 
and regulations issued pursuant to this section. Regulations issued 
pursuant to this section shall expressly provide that the exceptions 
set forth in subsection (a)(2) do not permit activities or agreements 
(expressed or implied by a course of conduct, including a pattern of 
responses) that are otherwise prohibited and which are not within the 
intent of such exceptions.

SEC. 108. PROCEDURES FOR PROCESSING EXPORT LICENSE APPLICATIONS; OTHER 
              INQUIRIES.

    (a) Primary Responsibility of the Secretary.--
            (1) Determination by secretary.--All export license 
        applications required under this title shall be submitted by 
        the applicant to the Secretary. All determinations on any such 
        applications shall be made by the Secretary, subject to the 
        procedures provided in this section.
            (2) Review by other departments and agencies.--The 
        Departments of State, Defense, and Energy, and the Arms Control 
        and Disarmament Agency are authorized to review any export 
        license application required under this title. Such departments 
        and agency shall notify the Department as to what types of 
        applications they are to review, and the Department shall refer 
        all such applications to the department or agency providing 
        such notice. The department and agency shall fully participate 
        in the interagency review and escalation process. As part of 
        any review, the department or agency shall--
                    (A) consult with the interagency groups established 
                to provide expertise and coordinate interagency review 
                and consultation;
                    (B) complete the review within the period of time 
                established by this title; and
                    (C) make recommendations to the Secretary.
            (3) Regulations.--In promulgating regulations to implement 
        this section, the Secretary shall describe--
                    (A) the procedures required by this section;
                    (B) the responsibilities of the Secretary and of 
                other departments and agencies in reviewing 
                applications;
                    (C) the rights of the applicant; and
                    (D) the extent of any multilateral review of a 
                given license application.
            (4) Computation of time.--In calculating the processing 
        times set forth in this section, the Secretary shall use 
        calendar days, provided that if the final day for a required 
        action falls on a weekend or holiday, that action shall be 
        taken not later than the following business day.
            (5) Factors to be considered.--In reviewing applications 
        for validated export licenses, the Secretary shall consider the 
        reliability of the parties to the proposed export. In making 
        such evaluation, the Secretary may consider all sources of 
        information, including intelligence information. However, the 
        consideration of intelligence information in connection with 
        the evaluation of the reliability of parties shall not 
        authorize the direct or indirect disclosure of classified 
        information or sources and methods of gathering classified 
        information.
    (b) Committee on Export Control Policy.--
            (1) Establishment.--There is established an advisory 
        committee to be known as the Committee on Export Control Policy 
        (hereafter in this section referred to as the ``Committee'').
            (2) Membership.--The Committee shall consist of--
                    (A) the Under Secretary for Export Administration 
                of the Department who shall chair the Committee; and
                    (B) appropriate representatives from--
                            (i) the Department of State;
                            (ii) the Department of Defense;
                            (iii) the Department of Energy; and
                            (iv) the Arms Control and Disarmament 
                        Agency.
            (3) Consultation.--The Committee may consult with 
        representatives of--
                    (A) the Chairman of the Joint Chiefs of Staff;
                    (B) the Director of Central Intelligence; and
                    (C) other Government departments and agencies 
                designated at the discretion of the President.
            (4) Duties.--The Committee shall formulate export control 
        policy and shall provide detailed guidance concerning 
        implementation of such policy to licensing officials in the 
        departments and agencies responsible for the administration of 
        export control policy.
    (c) Initial Screening.--
            (1) Receipt and status information.--Upon receipt of any 
        export license application, the Secretary shall include receipt 
        and status information regarding the application in the records 
        of the Department.
            (2) Action on applications.--Not later than 7 days after 
        receipt of any export license application, the Secretary 
        shall--
                    (A) contact the applicant if the application is 
                improperly completed or if additional information is 
                required, and hold the application for not more than 20 
                days while the applicant provides the necessary 
                corrections or information (and such 20-day time period 
                shall not be counted in calculating the time periods 
                prescribed in this section), and if the applicant does 
                not provide the required information during that 20-day 
                period, return the application without action;
                    (B) refer the application and all necessary 
                recommendations and analyses by the Secretary to all 
                other agencies, when such referral is requested, and 
                forward to the agencies any relevant information 
                submitted by the applicant, including information that 
                could not be reduced to electronic form; or
                    (C) assure the stated classification on the 
                application is correct, return the application if a 
                validated license is not required, and, if referral to 
                other agencies is not requested, grant the application 
                or notify the applicant of the proposed denial of the 
                application.
    (d) Action by Other Departments and Agencies.--
            (1) Action on referral.--Not later than 5 days after 
        receipt of a referral of an export license application, an 
        agency or department shall specify to the Secretary any 
        information that is not in the application that it requires to 
        make a determination, and the Secretary shall promptly request 
        such information from the applicant. The time that may elapse 
        between the date the information is requested from the 
        applicant and the date the information is received by the 
        Secretary shall not be counted in calculating the time periods 
        prescribed in this section.
            (2) Recommendation to secretary.--Not later than 21 days 
        after receipt of a referral and any necessary information 
        regarding such referral, the agency or department shall provide 
        the Secretary with a recommendation either to approve or deny 
        the license. As appropriate, such recommendation shall reflect 
        consultation and discussions in interagency groups established 
        to provide expertise and coordinate interagency consultation. A 
        recommendation that the Secretary deny a validated license 
        shall include a statement of reasons for the recommended denial 
        that are consistent with the purposes of this title, and shall 
        cite both the statutory and regulatory basis for such 
        recommendation. A department or agency that fails to provide a 
        recommendation within 21 days with a statement of reasons and 
        the statutory and regulatory basis shall be deemed to have no 
        objection to the decision of the Secretary.
            (3) Review by interagency committee.--
                    (A) In general.--The Secretary shall establish an 
                interagency committee to conduct an initial review of 
                any license applications on which the reviewing 
                agencies are not in agreement.
                    (B) Selection and duties of chairperson.--The 
                Secretary shall select a chairperson of the interagency 
                committee. The chairperson shall consider the 
                recommendations of the reviewing agencies and inform 
                them of the decision of the chairperson on the license 
                application.
                    (C) Appeal.--Any appeal from the decision of the 
                chairperson shall be submitted in writing by an 
                official of the department or agency appealing the 
                decision who is appointed by the President, by and with 
                the advice and consent of the Senate, or by an officer 
                properly acting in such capacity consistent with 
                procedures established by the President in accordance 
                with subsection (e).
            (4) Determination by secretary.--Upon receiving all 
        comments from other departments and agencies regarding an 
        application upon which there is no disagreement, or 35 days 
        following receipt of a license application upon which there has 
        been disagreement, whichever is earlier, the Secretary shall--
                    (A) approve the application and issue the license;
                    (B) notify the applicant of the proposed denial of 
                the license application; or
                    (C) notify the applicant that the application is 
                disputed by reviewing agencies and has been referred 
                for resolution pursuant to procedures established by 
                the President under subsection (e).
    (e) Interagency Resolution.--The President shall establish an 
interagency committee process for the review and determination of 
export license applications as to which a reviewing agency has objected 
pursuant to subsection (d)(3)(C). Any such process shall--
            (1) be chaired by the Secretary or the Secretary's 
        designee;
            (2) make determinations based on majority vote of such 
        committee;
            (3) provide that a department or agency that fails to make 
        a timely appeal shall be deemed to have no objection to the 
        pending decision;
            (4) provide for appeal by a dissenting agency to the 
        President for final determination; and
            (5) ensure that license applications are resolved not later 
        than 60 days after the date of receipt of the license 
        application by the Secretary.
    (f) Other Actions by the Secretary.--
            (1) Determination by secretary.--When no referral to other 
        departments or agencies is required, the Secretary shall issue 
        a license or notify the applicant of the proposed denial of the 
        application not later than 7 days after receipt of the 
        application.
            (2) Notice of denial.--In cases where the Secretary has 
        determined that an application should be denied, the applicant 
        shall be informed in writing of--
                    (A) the determination to deny;
                    (B) the statutory and regulatory basis for the 
                proposed denial;
                    (C) what, if any, modifications in or restrictions 
                on the items for which the license was sought would 
                allow such export to be compatible with export controls 
                imposed under this title, and which officer or employee 
                of the Department would be in a position to discuss 
                modifications or restrictions with the applicant;
                    (D) to the extent consistent with the national 
                security and foreign policy of the United States, the 
                specific considerations that led to the determination 
                to deny the application; and
                    (E) the availability of appeal procedures.
            (3) Response time.--The Secretary shall allow the applicant 
        not more than 20 days to respond to the determination to deny 
        an application before the license application is denied.
            (4) Suspension of time periods.--The Secretary and the 
        applicant may, at any time, agree to suspend the time periods 
        prescribed by this section in order to negotiate modifications 
        to the application and, if necessary, obtain agreement to such 
        modifications from the foreign parties to the transaction, if 
        the Secretary notifies the Committee on Banking, Housing, and 
        Urban Affairs of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives of such agreement.
    (g) Multilateral Controls.--When an application recommended for 
approval must be submitted to a multilateral review process, pursuant 
to a multilateral regime, formal or informal, of which the United 
States is a member or an adherent, the application shall be referred to 
the multilateral regime not later than 5 days after the decision to 
approve is made. Any such application shall be considered in accordance 
with the review procedures established by the relevant multilateral 
export control regime, and the license shall be issued or a notice of 
proposed denial of the application shall be issued not later than 5 
days after receipt of a decision by the multilateral regime.
    (h) Time Periods.--
            (1) In general.--All license applications shall be resolved 
        not later than 60 days after the date of filing of the license 
        application.
            (2) Exceptions.--The following actions related to 
        processing an application shall not be counted in calculating 
        the time periods prescribed in this section:
                    (A) Prelicense checks.--Prelicense checks through 
                government channels that may be required to establish 
                the identity and reliability of the recipient of items 
                controlled under this title, if--
                            (i) the need for such prelicense check is 
                        established by the Secretary, or by another 
                        department or agency if the request for 
                        prelicense check is made by such department or 
                        agency;
                            (ii) the request for such prelicense check 
                        is sent by the Secretary not later than 5 days 
                        after receipt of an application for the 
                        determination that the prelicense check is 
                        required;
                            (iii) the analysis of the response to the 
                        request for a prelicense check is completed by 
                        the Secretary not later than 5 days after 
                        receipt of the response; and
                            (iv) the prelicense checks are completed 
                        not later than 45 days after receipt of a 
                        license application.
                    (B) Requests for government-to-government 
                assurances.--When failure to obtain government-to-
                government assurances of suitable end use of items 
                approved for export would result in denial of a license 
                application, a request for such assurances shall be 
                transmitted to the Secretary of State not later than 5 
                days after the determination that such assurances are 
                required. The Secretary of State shall initiate the 
                request of the relevant government not later than 10 
                days after receiving the request for assurances. An 
                export license shall be issued not later than 5 days 
                after receipt by the Secretary of the requested 
                assurances.
                    (C) Multilateral review.--Multilateral review of a 
                license application shall be undertaken as provided for 
                in subsection (g), if such multilateral review is 
                required by the relevant multilateral regime.
                    (D) Congressional notification.--Mandatory 
                congressional notifications under this title shall be 
                undertaken in such time as may be required.
            (3) Other time periods.--If prelicense checks and 
        assurances are not requested within the time periods set forth 
        in subparagraph (A) or (B) of paragraph (2), they shall be 
        accomplished within the time periods established by this 
        section.
    (i) Appeals.--
            (1) Establishment of procedures.--The Secretary shall 
        establish appropriate procedures for any applicant to appeal to 
        the Secretary by petition the denial of an export license 
        application or other administrative action taken under this 
        title.
            (2) Request for compliance with time periods.--In any case 
        in which any action prescribed in this section is not taken on 
        the license application within the time periods established by 
        this section (except in the case of a time period extended 
        under subsection (h)(2)(C), of which the applicant is 
        notified), the applicant may file a petition with the Secretary 
        requesting compliance with the requirements of this section. 
        When such petition is filed, the Secretary shall take immediate 
        steps to correct the situation giving rise to the petition and 
        shall immediately notify the applicant of such steps.
            (3) Adjudication.--If, not later than 20 days after a 
        petition is filed under paragraph (2), the processing of the 
        application has not been brought into conformity with the 
        requirements of this section, or the application has been 
        brought into conformity with such requirements, but the 
        Secretary has not so notified the applicant, the applicant may 
        bring an action in an appropriate United States district court 
        for an order requiring compliance with the temporal 
        requirements of this section. The United States district courts 
        shall have jurisdiction to provide appropriate relief.
    (j) Classification Requests and Other Inquiries.--
            (1) Classification.--In any case in which the Secretary 
        receives a written request asking for the proper classification 
        of an item on the Control List, the Secretary shall, not later 
        than 14 days after receipt of the request, inform the person 
        making the request of the proper classification.
            (2) Other information.--In any case in which the Secretary 
        receives a written request for information about the 
        applicability of export license requirements under this title 
        to a proposed export transaction or series of transactions, the 
        Secretary shall, not later than 30 days after the receipt of 
        the request, provide such information to the requester.
    (k) Effect on Nuclear Non-Proliferation Act of 1978.--The 
procedures published by the President pursuant to section 309(c) of the 
Nuclear Non-Proliferation Act of 1978 shall be superseded to the extent 
that such procedures are inconsistent with this section.
    (l) Strategic Plan Required for Prelicense Checks.--
            (1) Authority.--Not later than 90 days after the date of 
        enactment of this Act, and annually thereafter, the Secretary, 
        in consultation with appropriate departments and agencies, 
        shall develop a strategic plan for prelicense checks. Such a 
        plan shall be consistent with United States national security, 
        nonproliferation, and foreign policy interests, and shall 
        include overall objectives, priorities, and targeted areas.
            (2) Exemption from disclosure.--A strategic plan developed 
        under paragraph (1) shall not be subject to disclosure under 
        section 552 of title 5, United States Code.
    (m) Electronic Licensing Information.--Not later than 6 months 
after the date of enactment of this Act, the Departments of State, 
Defense, and Energy, the Central Intelligence Agency, and the Arms 
Control and Disarmament Agency shall develop a means for receiving and 
analyzing the electronic transmission of licensing information from the 
Department, which the Secretary shall provide, consistent with the 
provisions of this section.

SEC. 109. VIOLATIONS.

    (a) Criminal Penalties.--
            (1) Violations by an individual.--Except as provided in 
        paragraph (3), any individual who knowingly violates, or 
        conspires or attempts to violate any provision of this title, 
        or any regulation, license, or order issued under this title, 
        shall be fined not more than 10 times the value of the exports 
        involved, or $500,000 per violation, whichever is greater, or 
        imprisoned for not more than 10 years, or both.
            (2) Violation by a person other than an individual.--Except 
        as provided in paragraph (3), any person other than an 
        individual who knowingly violates, or conspires or attempts to 
        violate any provision of this title, or any regulation, license 
        or order issued under this title, shall be fined not more than 
        10 times the value of the exports involved, or $2,000,000 per 
        violation, whichever is greater.
            (3) Antiboycott violations.--
                    (A) Violation by an individual.--Any individual who 
                knowingly violates, or conspires or attempts to violate 
                any provision of section 107 concerning foreign 
                boycotts, or any regulation, or order issued under 
                section 107, shall be fined not more than 5 times the 
                value of the exports involved, or $250,000 per 
                violation, whichever is greater, or imprisoned for not 
                more than 10 years, or both.
                    (B) Violation by a person other than an 
                individual.--Any person other than an individual who 
                knowingly violates, or conspires or attempts to violate 
                any provision of section 107, or any regulation, or 
                order issued under section 107, shall be fined not more 
                than 5 times the value of the exports involved, or 
                $500,000 per violation, whichever is greater.
    (b) Forfeiture of Property Interest and Proceeds.--
            (1) Conviction other than for an antiboycott violation.--
        Any person who is convicted under paragraph (1) or (2) of 
        subsection (a), shall, in addition to any other penalty, 
        forfeit to the United States--
                    (A) any of that person's interest in, security of, 
                claim against, or property or contractual rights of any 
                kind, in the goods or tangible items that were the 
                subject of the violation;
                    (B) any of that person's interest in, security of, 
                claim against, or property or contractual rights of any 
                kind, in tangible property that was used in the export 
                or attempt to export that was the subject of the 
                violation; and
                    (C) any of that person's property constituting, or 
                derived from, any proceeds obtained directly or 
                indirectly as a result of the violation.
            (2) Procedures.--The procedures for any forfeiture under 
        this subsection, and the duties and authority of the courts of 
        the United States and the Attorney General with respect to any 
        forfeiture action under this subsection, or with respect to any 
        property that may be subject to forfeiture under this 
        subsection, shall be governed by the provisions of chapter 46 
        of title 18, United States Code.
    (c) Civil Penalties; Administrative Sanctions.--
            (1) In general.--The Secretary may impose a civil penalty 
        of not more than $250,000 for each violation of this title, or 
        any regulation, license, or order issued under this title, 
        either in addition to or in lieu of any other liability or 
        penalty which may be imposed, except that the civil penalty for 
        each violation involving section 107 may not exceed $50,000.
            (2) Denial of export privileges.--The Secretary may deny, 
        suspend, or revoke the authority of any person to export or 
        receive any item subject to this title, for any violation of 
        the provisions of this title, or of any regulation, license, or 
        order issued under this title.
    (d) Procedures Relating to Civil Penalties and Sanctions.--
            (1) Notice and hearing.--Any administrative sanction or 
        civil penalty imposed under subsection (c) may be imposed only 
        after notice and opportunity for an agency hearing on the 
        record in accordance with sections 554 through 557 of title 5, 
        United States Code. The imposition of any such administrative 
        sanction shall be subject to judicial review in accordance with 
        sections 701 through 706 of title 5, United States Code.
            (2) Public inspection.--Any charging letter or other 
        document initiating administrative proceedings for the 
        imposition of sanctions or penalties for violations of 
        regulations issued pursuant to section 107(a) shall be made 
        available for public inspection and copying.
            (3) Penalty regulations.--The President may provide, by 
        regulation, standards for establishing levels of the civil 
        penalties provided in subsection (c) based on the seriousness 
        of the violation, the culpability of the violator, and the 
        violator's record of cooperation with the Government in 
        disclosing the violation.
    (e) Payment of Civil Penalties.--
            (1) Conditional.--The payment of any civil penalty imposed 
        pursuant to subsection (c) may be conditioned, for a period of 
        not longer than 1 year, beginning on the date on which the 
        penalty is due, to the granting, restoring, or continuing 
        validity of any export license, permission, or privilege 
        granted or to be granted to the person upon whom such penalty 
        is imposed.
            (2) Suspension or deferral.--The payment of any civil 
        penalty imposed under subsection (c) may be deferred or 
        suspended in whole or in part for a period of time not longer 
        than any probation period that may be imposed upon such person. 
        Such deferral or suspension shall not operate as a bar to the 
        collection of the penalty in the event that the conditions of 
        the suspension, deferral, or probation are not fulfilled.
    (f) Refunds.--Any amount paid in satisfaction of any civil penalty 
imposed pursuant to subsection (c) shall be received into the Treasury 
of the United States as a miscellaneous receipt. At the discretion of 
the head of any department or agency concerned, any civil penalty 
imposed pursuant to subsection (c) may be refunded, not later than 2 
years after payment, on the ground of a material error of fact or law 
in the imposition of the penalty. Notwithstanding section 1346(a) of 
title 28, United States Code, no action for the refund of any such 
penalty may be maintained in any court.
    (g) Collection.--
            (1) Authority.--If any person fails to pay a civil penalty 
        imposed pursuant to subsection (c), the Secretary may ask the 
        Attorney General of the United States to bring a civil action 
        in an appropriate district court to recover the amount imposed 
        (plus interest at currently prevailing rates from the date of 
        the final order). In such an action, the validity, amount, and 
        appropriateness of such penalty shall not be subject to review.
            (2) Commencement.--An action described in paragraph (1) 
        shall be commenced not later than 5 years after the date on 
        which the order imposing the civil penalty becomes final. Any 
        suspension or deferral of the payment of such penalty under 
        subsection (e)(2) shall not be counted in calculating the 5-
        year period imposed under this subsection.
    (h) Prior Convictions.--
            (1) In general.--At the discretion of the Secretary, export 
        privileges under this title may be denied for a period of not 
        more than 10 years, beginning on the date of conviction, and 
        any export license in which such person had an interest at the 
        time of conviction may be revoked for conviction of a violation 
        of--
                    (A) this title;
                    (B) the Export Administration Act of 1979;
                    (C) the International Emergency Economic Powers 
                Act;
                    (D) sections 793, 794, and 798, of title 18, United 
                States Code;
                    (E) section 4(a) of the Internal Security Act of 
                1950;
                    (F) section 16 of the Trading with the Enemy Act;
                    (G) section 38 of the Arms Export Control Act;
                    (H) any regulation, license, or order issued under 
                any of the laws described in subparagraphs (A) through 
                (G); or
                    (I) section 371 or 1001 of title 18, United States 
                Code, if the conviction arises out of an activity 
                subject to 1 or more of the provisions of law listed in 
                subparagraphs (A) through (H).
            (2) Other persons.--The Secretary may exercise the 
        authority under paragraph (1) with respect to any person 
        related, through affiliation, ownership, control, or position 
        of responsibility, to any person convicted of any violation of 
        a provision of law set forth in paragraph (1), upon a showing 
        of such relationship with the convicted person and after 
        providing notice and opportunity for hearing.
    (i) Statute of Limitations.--
            (1) In general.--Any case in which a civil penalty or other 
        administrative sanction is sought under subsection (c) shall be 
        instituted not later than 5 years after the date on which the 
        alleged violation for which such penalty or sanction is sought 
        occurred.
            (2) Exception.--If a criminal indictment alleging a 
        violation of this title is returned within the time limits 
        prescribed by law for the institution of such an action, the 
        statute of limitations for bringing a proceeding to impose a 
        civil penalty or other administrative sanction under this title 
        shall, upon the return of the criminal indictment, be tolled 
        against all persons named as a defendant, and tolling shall 
        continue for a period of not more than 6 months beginning on 
        the date on which a conviction is entered or the indictment is 
        dismissed.
    (j) Imposition of Temporary Denial Orders.--
            (1) In general.--In any case in which there is reasonable 
        cause to believe that a person is engaged in or is about to 
        engage in any act or practice that constitutes or would 
        constitute a violation of this title, or any regulation, order, 
        or license issued under this title, or in any case in which a 
        criminal indictment has been returned against a person alleging 
        a violation of this title, or any of the laws set forth in 
        subsection (h), the Secretary may, without a hearing, issue an 
        order temporarily denying the United States exporting 
        privileges of that person (hereafter in this subsection 
        referred to as a ``temporary denial order''). A temporary 
        denial order may be effective for not longer than 180 days, but 
        may be renewed by the Secretary, following notice and an 
        opportunity for a hearing, for additional 180-day periods.
            (2) Appeal.--
                    (A) Appeal to administrative law judge.--The person 
                subject to the issuance or renewal of a temporary 
                denial order may appeal the issuance or renewal of the 
                temporary denial order, supported by briefs and other 
                material, to an administrative law judge who shall, not 
                later than 15 business days after the appeal is filed, 
                issue a decision affirming, modifying, or vacating the 
                temporary denial order.
                    (B) Affirmation criteria.--The temporary denial 
                order shall be affirmed if it is shown that there is 
                reasonable cause to believe that the person subject to 
                the order is engaged in or is about to engage in any 
                act or practice which constitutes or would constitute a 
                violation of this title, or any regulation, order, or 
                license issued under this title, or if it is shown that 
                a criminal indictment has been returned against the 
                person subject to the order alleging a violation of 
                this title, or any of the laws set forth in subsection 
                (h).
                    (C) Appeal to secretary.--The decision of the 
                administrative law judge under subparagraph (A) shall 
                be final unless, not later than 10 business days after 
                the date of the administrative law judge's decision, an 
                appeal is filed with the Secretary. On appeal, the 
                Secretary shall either affirm, modify, reverse, or 
                vacate the decision of the administrative law judge by 
                written order not later than 10 business days after 
                receiving the appeal. The written order of the 
                Secretary shall be final, and is not subject to 
                judicial review, except as provided in paragraph (3).
                    (D) Administrative record.--The materials submitted 
                to the administrative law judge and the Secretary under 
                this paragraph shall constitute the administrative 
                record for purposes of review by the court.
            (3) Judicial review.--An order of the Secretary affirming, 
        in whole or in part, the issuance or renewal of a temporary 
        denial order may, not later than 15 days after the order is 
        issued, be appealed by a person subject to the order of the 
        United States Court of Appeals for the District of Columbia 
        Circuit, which shall have jurisdiction over the appeal. The 
        court may review only those issues necessary to determine 
        whether the issuance of the temporary denial order was based on 
        reasonable cause to believe that the person subject to the 
        order was engaged in or was about to engage in any act or 
        practice that constitutes or would constitute a violation of 
        this title, or any regulation, order, or license issued under 
        this title, or that a criminal indictment had been returned 
        against the person subject to the order which alleged a 
        violation of this title or any of the laws set forth in 
        subsection (h). The court shall vacate the Secretary's order if 
        the court finds that the Secretary's order is arbitrary, 
        capricious, an abuse of discretion, or otherwise not in 
        accordance with law.
    (k) Violations Defined by Regulation.--Nothing in this section 
shall be construed to limit the power of the Secretary to define by 
regulation violations under this title.
    (l) Other Authorities.--Nothing in subsection (c), (e), (f), (g), 
(h), or (i) limits--
            (1) the availability of other administrative or judicial 
        remedies with respect to violations of this title, or any 
        regulation, order, or license issued under this title;
            (2) the authority to compromise and settle administrative 
        proceedings brought with respect to violations of this title, 
        or any regulation, order, or license issued under this title; 
        or
            (3) the authority to compromise, remit, or mitigate 
        seizures and forfeitures pursuant to section 1(b) of title VI 
        of the Act of June 15, 1917 (67 Stat. 577, chapter 434; 22 
        U.S.C. 401(b)).

SEC. 110. ENFORCEMENT.

    (a) General Authority and Designation.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of the Treasury, and the heads of other appropriate 
        departments and agencies, shall be responsible for providing 
        policy guidance on the enforcement of this title.
            (2) Exercise of authority.--To the extent necessary or 
        appropriate to the enforcement of this title, or to the 
        imposition of any penalty, forfeiture, or liability arising 
        under the Export Administration Act of 1979, officers or 
        employees of the Department designated by the Secretary, and 
        officers and employees of the United States Customs Service 
        (hereafter in this section referred to as the ``Customs 
        Service'') designated by the Commissioner of the Customs 
        Service may exercise the enforcement authorities described in 
        paragraphs (3) and (4). In carrying out such enforcement 
        authorities--
                    (A) the Commissioner and officers and employees of 
                the Customs Service designated by the Commissioner--
                            (i) may investigate within or outside of 
                        the United States and at those ports of entry 
                        or exit from the United States where officers 
                        of the Customs Service are authorized by law to 
                        carry out such enforcement responsibilities; 
                        and
                            (ii) subject to paragraph (3), may, in the 
                        enforcement of this title, search, detain 
                        (after search), and seize goods or technology 
                        at those ports of entry or exit from the United 
                        States where officers of the Customs Service 
                        are authorized by law to conduct such searches, 
                        detentions, and seizures, and at those places 
                        outside of the United States where the Customs 
                        Service, pursuant to agreements or other 
                        arrangements with other countries, is 
                        authorized to perform enforcement activities;
                    (B) the Secretary, and officers and employees of 
                the Department designated by the Secretary--
                            (i) may investigate within the United 
                        States;
                            (ii) shall conduct, outside of the United 
                        States, pre-license and post-shipment 
                        verifications of items licensed for export, and 
                        investigations in the enforcement of section 
                        107;
                            (iii) may search, detain (after search), 
                        and seize items at those places within the 
                        United States other than those ports and 
                        borders specified in subparagraph (A); and
                            (iv) may, only with the concurrence of the 
                        Commissioner of the Customs Service, or a 
                        person designated by the Commissioner, search, 
                        detain (after search), and seize items at those 
                        ports and borders specified in subparagraph 
                        (A); and
                    (C) the Secretary and the Commissioner may enter 
                into agreements and arrangements for the enforcement of 
                this title, including foreign investigations and 
                information exchange.
            (3) Authorities.--Any officer or employee designated by the 
        Secretary or the Commissioner under paragraph (2) may--
                    (A) investigate and obtain information;
                    (B) require reports or records, or the keeping of 
                reports or records;
                    (C) inspect books, reports, records, other 
                writings, premises, or property of any person;
                    (D) take the sworn testimony of any person;
                    (E) administer oaths or affirmations;
                    (F) execute any warrant or other process issued by 
                a court or officer of competent jurisdiction with 
                respect to the enforcement of this title;
                    (G) require, by subpoena, any person to appear and 
                testify, or to appear and produce books, records, and 
                other writings, or both;
                    (H) in the case of contumacy by, or refusal to obey 
                a subpoena issued to any such person, petition a 
                district court of the United States to exercise 
                jurisdiction to issue, after notice and hearing, an 
                order requiring such person to appear and testify or to 
                appear and produce books, records, and other writings, 
                or both, and any failure to obey such order of the 
                court may be punished by such court as a contempt 
                thereof;
                    (I) arrest any person without warrant for any 
                violation of this title committed in the presence or 
                view of the officer or employee, or if the officer or 
                employee has probable cause to believe that the person 
                to be arrested has committed or is committing such a 
                violation;
                    (J) carry firearms; and
                    (K) detain (after search) or seize, for purposes of 
                securing for trial or forfeiture to the United States, 
                any item in or on any vehicle, vessel, aircraft, or 
                person, or in a package or container on a vehicle, 
                vessel, aircraft, or person, if the officer or employee 
                has probable cause to believe the item has been, is 
                being, or is about to be exported from or transited 
                through the United States in violation of this title.
            (4) Customs service authority.--In addition to the 
        authorities in paragraph (3), officers and employees of the 
        Customs Service designated by the Commissioner may--
                    (A) stop, search, and examine a vehicle, vessel, 
                aircraft, or person on which or on whom the officer or 
                employee has reasonable cause to suspect there is any 
                item that has been, is being, or is about to be 
                exported from or transited through the United States in 
                violation of this title; and
                    (B) detain and search any package or container in 
                which the officer or employee has reasonable cause to 
                suspect there is any item that has been, is being, or 
                is about to be exported from or transited through the 
                United States in violation of this title.
            (5) Additional authority.--The authorities conferred by 
        this subsection are in addition to any authorities conferred 
        under other laws.
    (b) Forfeiture.--
            (1) In general.--All goods or tangible items lawfully 
        seized under subsection (a) by designated officers or employees 
        shall be forfeited to the United States. Those provisions of 
        law relating to--
                    (A) the seizure, summary and judicial forfeiture, 
                and condemnation of property for violations of the 
                customs laws;
                    (B) the disposition of such property or the 
                proceeds from the sale thereof;
                    (C) the remission or mitigation of such 
                forfeitures; and
                    (D) the compromise of claims;
        shall apply to seizures and forfeitures incurred, or alleged to 
        have been incurred, under the provisions of this subsection, to 
        the extent that they are applicable and not inconsistent with 
        this title.
            (2) Performance of duties.--Such duties as are imposed upon 
        the customs officers, employees, or any other person with 
        respect to the seizure and forfeiture of property under the 
        customs laws may be performed with respect to seizures and 
        forfeitures of property under this subsection by the Secretary 
        or such officers or employees of the Department as are 
        authorized or designated by the Secretary for that purpose, or, 
        upon the request of the Secretary, by any other agency that has 
        authority to manage and dispose of seized property.
    (c) Undercover Investigative Operations.--
            (1) General authority.--With respect to any undercover 
        investigative operation conducted by the Office of Export 
        Enforcement of the Department (hereafter in this subsection 
        referred to as ``OEE'') necessary for the detection and 
        prosecution of violations of this title--
                    (A) funds made available for export enforcement 
                under this title may--
                            (i) be used to purchase property, 
                        buildings, and other facilities, and to lease 
                        space within the United States, without regard 
                        to--
                                    (I) sections 1341 and 3324 of title 
                                31, United States Code;
                                    (II) the third undesignated 
                                paragraph under the heading 
                                ``miscellaneous'' of the Act of March 
                                3, 1877 (19 Stat. 370, chapter 106; 40 
                                U.S.C. 34);
                                    (III) sections 3732(a) and 3741 of 
                                the Revised Statutes (41 U.S.C. 11(a), 
                                22); or
                                    (IV) sections 304 and 305 of the 
                                Federal Property and Administrative 
                                Services Act of 1949 (41 U.S.C. 254, 
                                255);
                            (ii) be used to establish or to acquire 
                        proprietary corporations or business entities 
                        as part of an OEE undercover operation, and to 
                        operate such corporations or business entities 
                        on a commercial basis, without regard to 
                        section 9102 of title 31, United States Code; 
                        and
                            (iii) be deposited in banks or other 
                        financial institutions without regard to 
                        section 648 of title 18, United States Code, 
                        and section 3302 of title 31, United States 
                        Code; and
                    (B) the proceeds from OEE undercover operations 
                may--
                            (i) be deposited in banks or other 
                        financial institutions without regard to 
                        section 648 of title 18, United States Code, 
                        and section 3302 of title 31, United States 
                        Code; and
                            (ii) be used to offset necessary and 
                        reasonable expenses incurred in such 
                        operations, without regard to section 3302 of 
                        title 31, United States Code, if the Director 
                        of OEE certifies, in writing, that any action 
                        authorized by this paragraph is necessary for 
                        the conduct of the undercover operation.
            (2) Proceeds of undercover entities.--If a corporation or 
        business entity that is established or acquired as part of an 
        OEE undercover operation and that has a net value of more than 
        $50,000 is to be liquidated, sold, or otherwise disposed of, 
        OEE shall report the circumstances to the Secretary and the 
        Comptroller General of the United States, as far in advance of 
        such disposition as the Director of OEE determines is 
        practicable. The proceeds of the liquidation, sale, or other 
        disposition, after obligations incurred by the corporation or 
        business enterprise are met, shall be deposited into the 
        Treasury of the United States as miscellaneous receipts.
            (3) Remaining proceeds.--As soon as the proceeds from an 
        undercover investigative operation are no longer necessary for 
        the conduct of such operation, such proceeds, or the balance of 
        such proceeds remaining at that time, shall be deposited into 
        the Treasury of the United States as miscellaneous receipts.
            (4) Audit and report of undercover operations.--
                    (A) Financial audits.--The Director of OEE shall 
                conduct a detailed financial audit of each undercover 
                investigative operation that is closed and shall submit 
                the results of the audit in writing to the Secretary.
                    (B) Report.--Not later than 180 days after an OEE 
                undercover operation is closed, the Secretary shall 
                submit to the Congress a report on the results of the 
                audit under subparagraph (A).
                    (C) Contents of report.--The report required under 
                subparagraph (B) may be included in the annual report 
                required under section 114, and shall include--
                            (i) the number of OEE undercover 
                        investigative operations pending as of the end 
                        of the 1-year period for which such report is 
                        submitted;
                            (ii) the number of OEE undercover 
                        investigative operations commenced in the 1-
                        year period preceding the period for which such 
                        report is submitted; and
                            (iii) the number of OEE undercover 
                        investigative operations closed in the 1-year 
                        period preceding the period for which such 
                        report is submitted and, with respect to each 
                        such closed undercover operation, the results 
                        obtained and any civil claims made with respect 
                        thereto.
            (5) Definitions.--
                    (A) In general.--For purposes of paragraph (4)--
                            (i) an OEE undercover operation shall be 
                        deemed to be ``closed'' at the earliest point 
                        in time at which all criminal proceedings 
                        (other than appeals) are concluded, or covert 
                        activities are concluded, whichever occurs 
                        later;
                            (ii) the term ``employees'' means 
                        employees, as defined in section 2105 of title 
                        5, United States Code, of the Department; and
                            (iii) the terms ``undercover investigative 
                        operation'' and ``undercover operation'' mean 
                        any undercover investigative operation 
                        conducted by OEE--
                                    (I) in which the gross receipts 
                                (excluding interest earned) exceed 
                                $25,000, or expenditures (other than 
                                expenditures for salaries of employees) 
                                exceed $75,000; and
                                    (II) that is exempt from section 
                                3302 or 9102 of title 31, United States 
                                Code.
                    (B) Exception.--Clause (iii) of subparagraph (A) 
                shall not apply with respect to the information 
                required in the report to the Congress under paragraph 
                (4)(C).
    (d) Reference to Enforcement.--For purposes of this section, a 
reference to the enforcement of this title or to a violation of this 
title includes enforcement of or a violation of any regulation, 
license, or order issued under this title.

SEC. 111. AUTHORITY AND PROCEDURES.

    (a) Under Secretary of Commerce.--The President shall appoint, by 
and with the advice and consent of the Senate, an Under Secretary of 
Commerce for Export Administration who shall carry out all functions of 
the Secretary under this title, under other statutes that relate to 
national security, and under such other statutes as the Secretary may 
delegate. The President shall appoint, by and with the advice and 
consent of the Senate, two Assistant Secretaries of Commerce to assist 
the Under Secretary in carrying out such functions.
    (b) Regulations.--
            (1) In general.--The Secretary may promulgate such 
        regulations as are necessary to carry out this title, and amend 
        or revise them as necessary. Such regulations may apply to 
        financing, transporting, or other servicing of exports subject 
        to this title.
            (2) Review of certain regulations.--Regulations to carry 
        out section 105 may only be promulgated after the regulations 
        are submitted for review to such departments or agencies as the 
        President considers appropriate. The requirement for prior 
        agency review does not confer the right of concurrence or 
        approval by any official, department, or agency to which such 
        regulations are submitted.
    (c) Public Participation.--
            (1) In general.--To the extent practicable, all regulations 
        imposing controls on exports under this title shall be issued 
        in proposed form, with opportunity for public comment, before 
        taking effect.
            (2) Reissuance based on public comments.--When a regulation 
        imposing controls under this title is issued with immediate 
        effect, opportunity for public comment shall be provided and 
        that regulation shall be reissued in final form after public 
        comments have been fully considered.
    (d) Confidentiality of Information.--
            (1) Exemptions from disclosure.--
                    (A) Information obtained before june 30, 1980.--
                Except as otherwise provided in sections 107(b)(3) and 
                109(d)(2), information obtained under the Export 
                Administration Act of 1979 and its predecessor statutes 
                on or before June 30, 1980, which is deemed 
                confidential, including Shipper's Export Declarations, 
                or which has been requested by the person furnishing 
                such information to be treated confidentially, shall 
                not be subject to disclosure under section 552 of title 
                5, United States Code, and such information shall not 
                be published or disclosed unless the Secretary 
                determines that the withholding thereof is contrary to 
                the national interest.
                    (B) Information obtained after june 30, 1980.--
                Except as otherwise provided in sections 107(b)(3) and 
                109(d)(2), and subparagraph (C), information obtained 
                under this title, the Export Administration Act of 1979 
                after June 30, 1980, or the Export Administration 
                Regulations issued under the International Emergency 
                Economic Powers Act, may be withheld only to the extent 
                permitted by law.
                    (C) Other information.--Information submitted, 
                obtained or considered in connection with an 
                application for an export license or other export 
                authorization, including the export license or other 
                export authorization itself, classification requests, 
                information obtained during the course of a foreign 
                availability assessment, information or evidence 
                obtained in the course of any investigation, and 
                information obtained or furnished in connection with 
                multilateral agreements, treaties, or obligations under 
                this title, the Export Administration Act of 1979 after 
                June 30, 1980, or the Export Administration Regulations 
                issued under the International Emergency Economic 
                Powers Act, shall not be subject to disclosure under 
                section 552 of title 5, United States Code, and such 
                information shall not be published or disclosed unless 
                the Secretary determines that the withholding thereof 
                is contrary to the national interest.
            (2) Information to congress and gao.--
                    (A) In general.--Nothing in this title shall be 
                construed as authorizing the withholding of information 
                from the Congress or the General Accounting Office.
                    (B) Availability to the congress.--
                            (i) In general.--All information obtained 
                        at any time under this title or predecessor 
                        Acts regarding the control of exports, 
                        including any report or license application 
                        required under this title, shall be made 
                        available upon request to the Committee on 
                        Foreign Affairs and the Subcommittee on 
                        International Economic Policy and Trade of the 
                        House of Representatives, and to the Committee 
                        on Banking, Housing, and Urban Affairs and the 
                        Subcommittee on International Finance and 
                        Monetary Policy of the Senate. Each such 
                        committee or subcommittee may provide to other 
                        Members of Congress information obtained under 
                        this clause, but such information may not be 
                        further disclosed except upon a finding made 
                        under clause (ii).
                            (ii) Prohibition on further disclosure.--No 
                        committee or subcommittee described in clause 
                        (i), or member thereof, and no other committee, 
                        subcommittee, or Member of Congress, shall 
                        disclose any information obtained under this 
                        title, or predecessor Acts regarding the 
                        control of exports that is submitted pursuant 
                        to this subsection unless 1 of the full 
                        committees described in clause (i) determines 
                        that the withholding of that information is 
                        contrary to the national interest.
                    (C) Availability to the gao.--
                            (i) In general.--Information referred to in 
                        subparagraph (B) shall, consistent with the 
                        protection of intelligence, 
                        counterintelligence, and law enforcement 
                        sources, methods, and activities, as determined 
                        by the agency that originally obtained the 
                        information, and consistent with the provisions 
                        of section 716 of title 31, United States Code, 
                        be made available only by the agency, upon 
                        request, to the Comptroller General of the 
                        United States or to any officer or employee of 
                        the General Accounting Office authorized by the 
                        Comptroller General of the United States to 
                        have access to such information.
                            (ii) Prohibition on further disclosures.--
                        No officer or employee of the General 
                        Accounting Office shall disclose, except to the 
                        Congress in accordance with this paragraph, any 
                        information made available under clause (i) 
                        that is submitted on a confidential basis and 
                        from which any individual can be identified.
            (3) Commerce-customs information exchange.--The Secretary 
        and the Commissioner of the United States Customs Service shall 
        exchange any licensing and enforcement information that is 
        necessary to facilitate enforcement efforts and effective 
        license decisions.
            (4) Information exchange between commerce and other 
        agencies.--The Secretary and the head of any other Government 
        department or agency shall exchange any licensing information 
        described in subsection (d)(1)(C) that such department or 
        agency requests to facilitate effective licensing decisions and 
        analysis.
            (5) Penalties for disclosure of confidential information.--
        Any officer or employee of the United States, or any department 
        or agency thereof, who publishes, divulges, discloses, or makes 
        known in any manner to any extent not authorized by law, any 
        information obtained in the course of such officer's or 
        employee's employment or official duties, or by reason of any 
        examination or investigation, report, record, or filing, of 
        such department, agency, or officer or employee thereof, which 
        information may not be disclosed under this subsection--
                    (A) shall be fined not more than $10,000, or 
                imprisoned not more than 1 year, or both;
                    (B) may be removed from office or employment (in 
                the case of an officer or employee); and
                    (C) shall be subject to an administrative fine of 
                not more than $10,000, in accordance with section 109.
    (e) Authority for Seminar and Publications Fund.--The Secretary 
may--
            (1) cooperate with public agencies, other governments, 
        international organizations, private individuals, private 
        associations, and other groups in connection with seminars, 
        publications, and related activities to carry out export 
        activities, including educating the public or government 
        officials on the application of this title and the regulations 
        issued under this title; and
            (2) accept contributions of funds, property, or services in 
        connection with such activities to recover the cost of such 
        activities, and may retain such contributions for use in 
        supporting all outreach functions of the Department in 
        connection with this title, and with other export control 
        programs of the United States and other countries.
    (f) Applicability of Administrative Procedures Act.--
            (1) Exemption.--Except as provided in section 109(d), the 
        functions exercised under this title are not subject to 
        sections 551, 553 through 559, and 701 through 706 of title 5, 
        United States Code.
            (2) Judicial review.--Except as provided by subsections 
        (d), (g), and (j) of section 109, a final agency action under 
        this title may be reviewed by appeal to the United States Court 
        of Appeals for the District of Columbia Circuit. The court's 
        review in any such appeal shall be limited to determining 
        whether--
                    (A) a regulation--
                            (i) fails to take an action compelled by 
                        this title;
                            (ii) takes an action prohibited by this 
                        title; or
                            (iii) otherwise violates this title;
                    (B) an agency action violates this title;
                    (C) an agency action violates an agency regulation 
                establishing time requirements or other procedural 
                requirements of a nondiscretionary nature;
                    (D) the issuance of regulations compelled by this 
                title complies with time restrictions imposed by this 
                title;
                    (E) license decisions are made and appeals thereof 
                are concluded in compliance with time restrictions 
                imposed by this title;
                    (F) classifications and advisory opinions are 
                issued in compliance with time restrictions imposed by 
                this title;
                    (G) unfair impact determinations are in compliance 
                with time restrictions imposed by this title; or
                    (H) the United States has complied with the 
                requirements of section 105(e) after an unfair impact 
                determination has been rendered.
    (g) Incorporated Commodities, Technology, and Software.--
            (1) Commodities containing controlled parts and 
        components.--Export licenses may not be required under this 
        title or any other provision of law for a commodity solely 
        because the commodity contains parts or components subject to 
        export controls under this title if such parts or components--
                    (A) are essential to the functioning of the good;
                    (B) are customarily included in sales of the item 
                to countries other than target countries; and
                    (C) comprise not more than 25 percent of the total 
                value of the good, unless the good itself, if exported, 
                would by virtue of the functional characteristics of 
                the good as a whole make a significant contribution to 
                the military or proliferation potential of a target 
                country or end user that would prove detrimental to the 
                national security of the United States.
            (2) Reexports of foreign-made items incorporating united 
        states items.--Except as provided in paragraph (3), and except 
        for countries named as terrorist-supporting countries under 
        section 105(d)(3), no authority or permission may be required--
                    (A) to reexport a foreign-made commodity 
                incorporating United States origin commodities valued 
                at not more than 25 percent of the total value of the 
                foreign-made commodity;
                    (B) to reexport foreign-made software incorporating 
                United States origin software valued at not more than 
                25 percent of the total value of the foreign-made 
                software; or
                    (C) to reexport foreign technology commingled with 
                or drawn from United States origin technology valued at 
                not more than 25 percent of the total value of the 
                foreign technology.
            (3) Reexports to other countries.--For countries that are 
        subject to an embargo imposed under this title, the 
        International Emergency Economic Powers Act, or the Trading 
        with the Enemy Act, and for countries named as terrorist-
        supporting countries under section 105(d)(3), no authority or 
        permission may be required--
                    (A) to reexport a foreign-made commodity 
                incorporating United States origin commodities valued 
                at not more than 10 percent of the total value of the 
                foreign-made commodity;
                    (B) to reexport foreign-made software incorporating 
                United States origin software valued at not more than 
                10 percent of the total value of the foreign-made 
                software; or
                    (C) to reexport foreign technology commingled with 
                or drawn from United States origin technology valued at 
                not more than 10 percent of the total value of the 
                foreign technology.
            (4) Incorporation standard.--For purposes of this 
        subsection, technology and source code used to design or 
        produce foreign-made commodities or software shall not be 
        considered to be incorporated into such foreign-made 
        commodities or software. Notwithstanding the preceding 
        sentence, the Secretary may require firms to report their 
        proposed calculations and underlying data sufficient for the 
        Department to evaluate the adequacy of those calculations and 
        data related to commodities, technology, and software before a 
        reexporter may rely upon the exceptions from export controls 
        under this subsection.
    (h) Sanctity of Existing Contracts and Licenses.--
            (1) In general.--As part of a unilateral export control 
        imposed under section 105, the President may not prohibit the 
        export or reexport of items--
                    (A) in performance of a contract, agreement, or 
                other contractual commitment entered into before the 
                effective date of any export controls mandated by this 
                title, or before the date on which the President 
                reports to the Congress the President's intention to 
                impose controls on the export or reexport of such 
                items; or
                    (B) under a validated license issued under this 
                title before the effective date of any export controls 
                mandated by this title, or before the date on which the 
                President reports to the Congress the President's 
                intention to impose controls on the export or reexport 
                of such items.
            (2) Exception.--The prohibition in paragraph (1) shall not 
        apply if the President determines and certifies to the Congress 
        that--
                    (A) a breach of the peace poses a serious and 
                direct threat to the strategic interest of the United 
                States;
                    (B) the prohibition or curtailment of each such 
                contract, agreement, commitment, license, or 
                authorization to be controlled will be directly 
                instrumental in remedying the situation posing the 
                direct threat; and
                    (C) the emergency controls will continue only for 
                so long as the direct threat persists.
            (3) No delegation.--The determination authority provided to 
        the President in paragraph (2) may not be delegated.
    (i) Transparency and Accountability in Licensing.--
            (1) Information to be provided.--The Secretary and the 
        Secretary of Defense shall semiannually compile and make 
        available to any committee or subcommittee of Congress of 
        appropriate jurisdiction, a record showing the disposition of 
        each application received for an individual validated license 
        to export a dual use commodity. Each such record shall 
        contain--
                    (A) a case number;
                    (B) the date on which the application was received;
                    (C) the name of the applicant;
                    (D) the name of the consignee;
                    (E) the date on which the application was finally 
                approved or denied;
                    (F) a description of the final action taken on the 
                application;
                    (G) the value of the commodity that is the subject 
                of the application;
                    (H) the license type applied for;
                    (I) the end use of the commodity that is the 
                subject of the application;
                    (J) the relevant commodity information; and
                    (K) a record of all interagency positions.
            (2) Timing.--The Secretary and the Secretary of Defense 
        shall begin to compile records as required under paragraph (1) 
        on the first business day of the January following the date of 
        enactment of this Act.
            (3) Certification of approved licenses.--The Secretary and 
        the Secretary of Defense shall semiannually certify to the 
        Congress that no license to export a dual use commodity 
        approved during the preceding 6-month period poses a threat to 
        the national security or nonproliferation interests of the 
        United States.
            (4) Other information.--The Secretary and the Secretary of 
        Defense shall make available to any committee or subcommittee 
        of Congress of appropriate jurisdiction, upon request of the 
        chairperson or the ranking minority member of such committee or 
        subcommittee, all documents, including the application 
        contained in the file, related to any case record compiled in 
        accordance with this subsection.

SEC. 112. MISSILE PROLIFERATION CONTROL VIOLATIONS.

    (a) Violations by United States Persons.--
            (1) Nondiscretionary sanctions.--
                    (A) Determination by the president.--The President 
                shall impose the applicable sanctions described in 
                subparagraph (B), if the President determines that a 
                United States person knowingly--
                            (i) exports, transfers, or otherwise 
                        engages in the trade of any item on the MTCR 
                        Annex, in violation of the provisions of 
                        section 38 or chapter 7 of the Arms Export 
                        Control Act, section 105 of this title, or any 
                        regulations or orders issued under any such 
                        provisions;
                            (ii) conspires or attempts to engage in 
                        such export, transfer, or trade; or
                            (iii) facilitates such export, transfer, or 
                        trade by any other person.
                    (B) Sanctions applicable.--The sanctions that apply 
                to a United States person under subparagraph (A) are as 
                follows:
                            (i) Category ii items.--If the item on the 
                        MTCR Annex involved in the export, transfer, or 
                        trade is missile equipment or technology within 
                        category II of the MTCR Annex, the President 
                        shall deny to such United States person, for a 
                        period of 2 years, licenses for the transfer of 
                        missile equipment or technology controlled 
                        under this title.
                            (ii) Category i items.--If the item on the 
                        MTCR Annex involved in the export, transfer, or 
                        trade is missile equipment or technology within 
                        category I of the MTCR Annex, the President 
                        shall deny to such United States person, for a 
                        period of not less than 2 years, all export 
                        licenses for items controlled under this title.
            (2) Discretionary sanctions.--In the case of any 
        determination referred to in paragraph (1), the President may 
        pursue any other appropriate penalties under this section.
            (3) Waiver.--The President may waive the imposition of 
        sanctions under paragraph (1) on a United States person with 
        respect to a product or service if the President certifies to 
        the Congress that--
                    (A) the product or service is essential to the 
                national security of the United States; and
                    (B) such person is a sole source supplier of the 
                product or service, the product or service is not 
                available from any alternative reliable supplier, and 
                the need for the product or service cannot be met in a 
                timely manner by improved manufacturing processes or 
                technological developments.
    (b) Violations by Foreign Persons.--
            (1) Nondiscretionary sanctions.--
                    (A) Determination by the president.--Subject to 
                paragraphs (3) through (7), the President shall impose 
                on a foreign person the applicable sanctions under 
                subparagraph (B) if the President has made a 
                determination with respect to that foreign person under 
                section 73(a) of the Arms Export Control Act, or if a 
                foreign person, after the date of enactment of this 
                Act, knowingly--
                            (i) exports, transfers, or otherwise 
                        engages in the trade of any MTCR equipment or 
                        technology that contributes to the design, 
                        development, or production of missiles in a 
                        country that is not an MTCR adherent and would 
                        be, if it were United States-origin equipment 
                        or technology, subject to the jurisdiction of 
                        the United States under this title;
                            (ii) conspires to or attempts to engage in 
                        such export, transfer, or trade; or
                            (iii) facilitates such export, transfer, or 
                        trade by any other person.
                    (B) Sanctions applicable.--The sanctions that apply 
                to a foreign person under subparagraph (A) are as 
                follows:
                            (i) Category ii items.--If the item 
                        involved in the export, transfer, or trade is 
                        within category II of the MTCR Annex, then the 
                        President shall deny, for a period of 2 years, 
                        licenses for the transfer to such foreign 
                        person of missile equipment or technology 
                        controlled under this title.
                            (ii) Category i items.--If the item 
                        involved in the export, transfer, or trade is 
                        within category I of the MTCR Annex, then the 
                        President shall deny, for a period of not less 
                        than 2 years, licenses for the transfer to such 
                        foreign person of items controlled under this 
                        title.
                            (iii) Additional authority.--If, in 
                        addition to actions taken under clause (i) or 
                        (ii), the President determines that the export, 
                        transfer, or trade has substantially 
                        contributed to the design, development, or 
                        production of missiles in a country that is not 
                        an MTCR adherent, the President shall prohibit, 
                        for a period of not less than 2 years, the 
                        importation into the United States of products 
                        produced by that foreign person.
            (2) Inapplicability with respect to mtcr adherents.--
        Paragraph (1) does not apply with respect to--
                    (A) any export, transfer, or trading activity that 
                is authorized by the laws of an MTCR adherent, if such 
                authorization is not obtained by misrepresentation or 
                fraud; or
                    (B) any export, transfer, or trade of an item to an 
                end user in a country that is an MTCR adherent.
            (3) Effect of enforcement actions by mtcr adherents.--If an 
        MTCR adherent is taking judicial or other enforcement action 
        against a person with respect to acts described in paragraph 
        (1), or that person has been found by the government of an MTCR 
        adherent to be innocent of wrongdoing with respect to such 
        acts, sanctions may not be imposed under paragraph (1) on that 
        person with respect to those acts or, if such sanctions are in 
        effect against a person due to such acts, such sanctions shall 
        be terminated.
            (4) Advisory opinions.--The Secretary, in consultation with 
        the Secretary of State and the Secretary of Defense, may, upon 
        the request of any person, issue an advisory opinion to that 
        person as to whether a proposed activity would subject that 
        person to sanctions under this subsection. Any person who 
        relies in good faith on an advisory opinion that states that a 
        proposed activity would not subject a person to sanctions under 
        this subsection, and any person who thereafter engages in such 
        activity, may not be made subject to such sanctions due to such 
        activity.
            (5) Waiver and report to congress.--
                    (A) In general.--In any case, other than one in 
                which an advisory opinion has been issued under 
                paragraph (4) stating that a proposed activity would 
                not subject a person to sanctions under this 
                subsection, the President may waive the imposition of 
                sanctions under paragraph (1) on a person with respect 
                to a product or service if the President--
                            (i) certifies to the Congress that the 
                        product or service is essential to the national 
                        security of the United States and--
                                    (I) such person is a sole source 
                                supplier of the product or service;
                                    (II) the product or service is not 
                                available from any alternative reliable 
                                supplier; and
                                    (III) the need for the product or 
                                service cannot be met in a timely 
                                manner by improved manufacturing 
                                processes or technological 
                                developments; or
                            (ii) determines that such waiver is 
                        essential to the national security of the 
                        United States.
                    (B) Notification.--In the event that the President 
                intends to waive sanctions in accordance with 
                subparagraph (A), the President shall notify the 
                Congress of the intended waiver not less than 20 
                business days before issuing the waiver. Such 
                notification shall include a report fully articulating 
                the rationale and circumstances in support of the 
                waiver.
            (6) Waiver for certain items.--The President shall not 
        apply the sanction under this subsection prohibiting the 
        importation of the products of a foreign person--
                    (A) in the case of procurement of defense articles 
                or defense services--
                            (i) under existing contracts or 
                        subcontracts, including the exercise of options 
                        for production quantities to satisfy 
                        requirements essential to the national security 
                        of the United States;
                            (ii) if the President determines that--
                                    (I) the person to which the 
                                sanctions would be applied is a sole 
                                source supplier of the defense articles 
                                and services;
                                    (II) the defense articles or 
                                services are essential to the national 
                                security of the United States; and
                                    (III) alternative sources are not 
                                readily or reasonably available; or
                            (iii) if the President determines that such 
                        articles or services are essential to the 
                        national security of the United States under 
                        defense coproduction agreements or NATO 
                        Programs of Cooperation;
                    (B) to products or services provided under 
                contracts entered into before the date on which the 
                President publishes the intention to impose the 
                sanctions; or
                    (C) to--
                            (i) spare parts;
                            (ii) component parts, but not finished 
                        products, essential to United States products 
                        or production;
                            (iii) routine services and maintenance of 
                        products, to the extent that alternative 
                        sources are not readily or reasonably 
                        available; or
                            (iv) information and technology essential 
                        to United States products or production.
            (7) Definition of person.--For purposes of this subsection, 
        if it is impossible to identify a specific foreign person or 
        foreign governmental entity, this subsection shall apply to--
                    (A) all activities of the foreign government 
                relating to the development or production of any 
                missile equipment or technology; and
                    (B) all activities of that foreign government 
                affecting the development or production of aircraft, 
                electronics, and space systems or equipment.

SEC. 113. CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION SANCTIONS.

    (a) Imposition of Sanctions.--
            (1) Determination by the president.--Except as provided in 
        subsection (b)(2), the President shall impose both of the 
        sanctions described in subsection (c)(1) if the President 
        determines that a foreign person, on or after the date of 
        enactment of this Act, has knowingly and materially contributed 
        to the efforts by any foreign country, project, or entity 
        described in paragraph (2) to use, develop, produce, stockpile, 
        or otherwise acquire chemical or biological weapons--
                    (A) through the export from the United States of 
                any goods or technology that are subject to the 
                jurisdiction of the United States under this title; or
                    (B) through the export from any other country of 
                any goods or technology that would be, if they were 
                United States goods or technology, subject to the 
                jurisdiction of the United States under this title.
            (2) Countries, projects, or entities receiving 
        assistance.--Paragraph (1) applies in the case of--
                    (A) any foreign country that the President 
                determines has, at any time after January 1, 1980--
                            (i) used chemical or biological weapons in 
                        violation of international law;
                            (ii) used lethal chemical or biological 
                        weapons against its own nationals; or
                            (iii) made substantial preparations to 
                        engage in the activities described in clause 
                        (i) or (ii);
                    (B) any foreign country, the government of which is 
                determined for purposes of section 105(d)(3), to be a 
                government that has repeatedly provided support for 
                acts of international terrorism; or
                    (C) any other foreign country, project, or entity 
                designated by the President for purposes of this 
                section.
            (3) Persons against which sanctions are to be imposed.--
        Sanctions shall be imposed on--
                    (A) the foreign person with respect to which the 
                President makes the determination described in 
                paragraph (1);
                    (B) any successor entity to that foreign person;
                    (C) any foreign person that is a parent company or 
                subsidiary of that foreign person if that parent 
                company or subsidiary knowingly assisted in the 
                activities that were the basis of that determination; 
                and
                    (D) any foreign person that is an affiliate of that 
                foreign person if that affiliate knowingly assisted in 
                the activities that were the basis of that 
                determination and if that affiliate is controlled in 
                fact by that foreign person.
    (b) Consultations With and Actions by Foreign Government of 
Jurisdiction.--
            (1) Consultations.--If the President makes the 
        determinations described in subsection (a)(1) with respect to a 
        foreign person, the President should initiate consultations 
        immediately with the government with primary jurisdiction over 
        that foreign person with respect to the imposition of sanctions 
        pursuant to this section.
            (2) Actions by government of jurisdiction.--In order to 
        pursue such consultations with the government referral to in 
        paragraph (1), the President may delay imposition of sanctions 
        pursuant to this section for a period of not more than 90 days. 
        Following such consultations, the President shall impose 
        sanctions, unless the President determines and certifies to the 
        Congress that that government has taken specific and effective 
        actions, including appropriate penalties, to terminate the 
        involvement of the foreign person in the activities described 
        in subsection (a)(1). The President may delay imposition of 
        sanctions for an additional period of not more than 90 days if 
        the President determines and certifies to the Congress that 
        that government is in the process of taking the actions 
        described in the preceding sentence.
            (3) Report to congress.--The President shall report to the 
        Congress, not later than 90 days after making a determination 
        under subsection (a)(1), on the status of consultations with 
        the appropriate government under this subsection, and the basis 
        for any determination under paragraph (2) that such government 
        has taken specific corrective actions.
    (c) Sanctions.--
            (1) Description of sanctions.--The sanctions to be imposed 
        pursuant to subsection (a)(1) are, except as provided in 
        paragraph (2), as follows:
                    (A) Procurement sanction.--The United States shall 
                not procure, or enter into any contract for the 
                procurement of, any goods or services from any person 
                described in subsection (a)(3).
                    (B) Import sanctions.--The importation into the 
                United States of products produced by any person 
                described in subsection (a)(3) shall be prohibited.
            (2) Exceptions.--The President shall not be required to 
        apply or maintain sanctions under this section--
                    (A) in the case of procurement of defense articles 
                or defense services--
                            (i) under existing contracts or 
                        subcontracts, including the exercise of options 
                        for production quantities to satisfy United 
                        States operational military requirements;
                            (ii) if the President determines that the 
                        person or other entity to which the sanctions 
                        would otherwise be applied is a sole source 
                        supplier of the defense articles or services, 
                        that the defense articles or services are 
                        essential, and that alternative sources are not 
                        readily or reasonably available; or
                            (iii) if the President determines that such 
                        articles or services are essential to the 
                        national security under defense coproduction 
                        agreements;
                    (B) to products or services provided under 
                contracts entered into before the date on which the 
                President publishes the intention to impose sanctions;
                    (C) to--
                            (i) spare parts;
                            (ii) component parts, but not finished 
                        products, essential to United States products 
                        or production; or
                            (iii) routine servicing and maintenance of 
                        products, to the extent that alternative 
                        sources are not readily or reasonably 
                        available;
                    (D) to information and technology essential to 
                United States products or production; or
                    (E) to other humanitarian items.
    (d) Termination of Sanctions.--The sanctions imposed pursuant to 
this section shall apply for a period of not less than 12 months 
following the date of imposition of sanctions, and shall cease to apply 
thereafter only if the President determines and certifies to the 
Congress that reliable information indicates that the foreign person 
with respect to which the determination was made under subsection 
(a)(1) has ceased to aid or abet any foreign government, project, or 
entity in its efforts to acquire chemical or biological weapons 
capability, as described in that subsection.
    (e) Waiver of Sanctions.--
            (1) Criterion for waiver.--The President may waive the 
        application of any sanction imposed on any person pursuant to 
        this section, after the end of the 12-month period beginning on 
        the date on which that sanction was imposed, if the President 
        determines and certifies to the Congress that such waiver is 
        important to the national security interests of the United 
        States.
            (2) Notification of and report to congress.--If the 
        President waives sanctions in accordance with paragraph (1), 
        the President shall so notify the Congress not less than 20 
        days before the waiver takes effect. Such notification shall 
        include a report fully articulating the rationale and 
        circumstances that led the President to exercise the waiver 
        authority.

SEC. 114. ANNUAL REPORT.

    (a) Contents.--Not later than March 1 of each year, the Secretary 
shall submit to the Congress a report on the administration of this 
title during the preceding calendar year. All agencies shall cooperate 
with the Secretary in providing information for such report. Such 
report shall include detailed information on--
            (1) the implementation of the policies set forth in section 
        102(b), including--
                    (A) delegations of authority by the President, as 
                provided in section 104(d);
                    (B) consultations with the technical advisory 
                committees;
                    (C) any changes in the exercise of the authorities 
                contained in sections 105, 106, and 107; and
                    (D) any action taken by the President and the 
                Secretary to carry out the antiboycott policies set 
                forth in paragraphs (9) and (10) of section 102(b);
            (2) adjustments to multilateral export controls, activities 
        involving the license free zones authorized by section 
        105(b)(8), and determinations under section 105(b)(7), the 
        criteria used to make such determinations, the removal of any 
        export controls under paragraphs (7) and (8) of section 105(b), 
        and any evidence demonstrating a need to maintain export 
        controls notwithstanding foreign availability;
            (3) determinations made under section 105(e) and the 
        rationale for such determinations;
            (4) the effectiveness of unilateral export controls imposed 
        under section 105, and any adjustments, thereto and embargoes 
        imposed, maintained, or removed in accordance with section 105, 
        including descriptions of each embargo and the rationale for 
        imposing, maintaining, or removing such embargoes;
            (5) short supply controls and monitoring in accordance with 
        section 106;
            (6) organizational and procedural changes undertaken in 
        furtherance of the policies set forth in this title, including 
        changes to increase the efficiency of the export licensing 
        process and to fulfill the requirements of section 108, 
        including an accounting of appeals received, and actions taken 
        pursuant thereto under section 108(i);
            (7) violations under section 109, enforcement activities 
        under section 110, and any reviews undertaken in furtherance of 
        the policies of this title;
            (8) the issuance and revision of regulations under this 
        title, including an explanation of each case in which 
        regulations were not issued in accordance with section 
        111(c)(1);
            (9) the results, in as much detail as may be included, 
        consistent with multilateral arrangements and the need to 
        maintain the confidentiality of proprietary information and 
        classified information, of the reviews of the Control List, and 
        any revisions to the Control List resulting from such reviews 
        conducted under section 104(f), including all elements 
        specified in section 104(f)(2)(B);
            (10) any action taken to carry out section 104(i);
            (11) the imposition or removal of sanctions against certain 
        entities and foreign countries in accordance with sections 112 
        and 113;
            (12) any efforts to keep United States industry informed 
        with respect to procedures adopted under this title; and
            (13) the assessments required under section 105 of the 
        effectiveness of multilateral regimes, portions of which may be 
        provided on a confidential basis, as necessary.
    (b) Report on Certain Export Controls.--To the extent that the 
President determines that the policies set forth in section 102(b) 
require the control of the export of items other than those subject to 
multilateral controls, or require more stringent controls than those 
imposed by the relevant multilateral regime, the President shall 
include in each annual report the reasons for the need to impose, or to 
continue to impose, such controls and the estimated domestic economic 
impact on the various industries affected by such controls.

SEC. 115. EFFECTS ON OTHER ACTS.

    (a) Commodity Jurisdiction.--
            (1) Inclusion and control.--Notwithstanding any other 
        provision of law, no item may be included on both the Control 
        List and the United States Munitions List, after the 
        publication of the lists required under paragraph (4) and the 
        resolution of any dispute with respect to such lists under 
        paragraph (5).
            (2) Elimination of overlapping controls.--Notwithstanding 
        any other provision of law--
                    (A) an item that is specifically designed, 
                developed, configured, adapted, or modified for 
                military or intelligence application shall be subject 
                to control under the Arms Export Control Act and not 
                under this title; and
                    (B) except as provided in paragraph (3), an item 
                that is not specifically designed, developed, 
                configured, adapted, or modified for military or 
                intelligence application shall be subject to control 
                under this title and not under the Arms Export Control 
                Act.
            (3) Determination by the president.--An item that is not 
        specifically designed, developed, configured, adapted, or 
        modified for military or intelligence application may be 
        subject to control under the Arms Export Control Act only 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; and
                    (B) 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.
            (4) Publication of lists.--
                    (A) In general.--
                            (i) Time of publication.--Not later than 3 
                        months after the date of enactment of this 
                        subsection, the Secretary shall publish the 
                        Control List and the Secretary of State shall 
                        publish the United States Munitions List, with 
                        all revisions that have been made in accordance 
                        with this subsection.
                            (ii) Items controlled under the arms export 
                        control act.--Not later than 3 months after the 
                        date of enactment of this Act, the Secretary of 
                        State shall publish in a separate list, those 
                        items remaining subject to control under the 
                        Arms Export Control Act under paragraphs (2) 
                        and (3).
                    (B) Removal of item not published.--If either the 
                Secretary or the Secretary of State fails to publish a 
                revised list in accordance with subparagraph (A)(i), 
                there shall be excluded from the list of the Secretary 
                that did not so publish a revised list, any item 
                included on the list of the Secretary that did so 
                publish a revised list.
            (5) Dispute resolution.--
                    (A) Referral.--The Secretary or the Secretary of 
                State (as the case may be) shall refer the matter and 
                any relevant information to the other Secretary if--
                            (i) the Secretary or the Secretary of State 
                        receives a request to determine whether an item 
                        is subject to control under this title or the 
                        Arms Export Control Act;
                            (ii) either Secretary finds that an item is 
                        included on both the Control List and the 
                        United States Munitions List;
                            (iii) an item appearing on the list of one 
                        Secretary under paragraph (4)(A)(i) is 
                        considered by the other Secretary to be under 
                        the jurisdiction of that other Secretary; or
                            (iv) the Secretary disagrees with the 
                        inclusion of an item on the list published 
                        under paragraph (4)(A)(ii).
                    (B) Initial period to resolve dispute.--The 
                Secretary and the Secretary of State shall have a 
                period of 15 days beginning on the date of the referral 
                of a matter under subparagraph (A) to resolve any 
                differences with respect to the matter involved.
                    (C) Final decision by the president.--If the 
                Secretary and the Secretary of State fail to resolve 
                such differences within the 15-day period specified in 
                subparagraph (B), either Secretary may refer the matter 
                to the President who, not later than 15 days after 
                receiving the referral, shall notify the two 
                Secretaries of the President's determination on the 
                matter in dispute.
                    (D) Waiver of dispute.--In the event that either 
                the Secretary or the Secretary of State does not 
                respond to a referral under subparagraph (A) by the 
                other Secretary, the Secretary that did not so respond 
                shall be deemed to concur with the other Secretary on 
                the matter involved.
    (b) Rule of Construction.--Except as otherwise provided in this 
title, nothing contained in this title shall be construed to modify, 
repeal, supersede, or otherwise affect the provisions of any other laws 
authorizing control over exports of any commodity.
    (c) Amendments to the International Emergency Economic Powers 
Act.--
            (1) Expired legislative authority.--Section 207 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1706) is 
        amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Expired Legislative Authority.--
            ``(1) In general.--The President may use the authority of 
        this Act to extend or reinstate an expired provision of law for 
        only one period of not more than 180 days after the date of 
        such expiration, unless the President submits a declaration of 
        emergency requiring such extension or reinstatement for more 
        than 180 days to the Congress and the Congress approves such 
        use of authority, as provided in paragraph (3).
            ``(2) Introduction of authorizing legislation.--
                    ``(A) In general.--In any case in which the 
                President has invoked the authority of this Act to 
                extend or reinstate an expired provision of law, a bill 
                providing a simple extension of the expired legislative 
                authority for a period of not less than 180 days shall 
                be introduced in each House of Congress as follows:
                            ``(i) House of representatives.--In the 
                        House of Representatives, the bill shall be 
                        introduced by the chairman of the appropriate 
                        committee of jurisdiction, for the chairman and 
                        the ranking minority member of the committee, 
                        or by the Members of the House designated by 
                        the chairman and ranking minority member.
                            ``(ii) Senate.--In the Senate, the bill 
                        shall be introduced by the Majority Leader of 
                        the Senate, for the Majority Leader and the 
                        Minority Leader of the Senate, or by Members of 
                        the Senate designated by the Majority Leader 
                        and the Minority Leader of the Senate.
                            ``(iii) Timing.--The bills shall be 
                        introduced not later than 10 calender days 
                        after the President's action under paragraph 
                        (1) or, if either House is not in session at 
                        the end of such period, on the first day 
                        thereafter on which that House is in session.
                    ``(B) Procedures for introduction and committee 
                consideration.--
                            ``(i) Bill providing a simple extension of 
                        authority defined.--For purposes of this 
                        subsection, the term `a bill providing a simple 
                        extension of expired legislative authority' 
                        means a bill that provides exclusively for the 
                        termination of statutory authority, not less 
                        than 180 days following the date of enactment 
                        of such legislation.
                            ``(ii) Referral to committee.--Any bill 
                        described in this subparagraph that is 
                        introduced in the House of Representatives or 
                        the Senate shall be referred to the appropriate 
                        committees of jurisdiction in that House.
                            ``(iii) Discharge from committee.--If the 
                        committee of either House to which a bill 
                        described in this paragraph has been referred 
                        has not reported such bill, or any other bill 
                        on the same matter, at the end of 60 days after 
                        the bill's referral, the committee shall be 
                        discharged from further consideration of the 
                        original bill.
                    ``(C) No effect on presidential authority.--The 
                failure of either or both Houses to pass any bill 
                described in this paragraph shall have no effect on any 
                extension or reinstatement of an expired provision of 
                law by the President under paragraph (1).
            ``(3) Procedure for extending emergency authority.--
                    ``(A) Proposal required.--If the President 
                determines that extension of an expiring provision of 
                law beyond the 180 days provided in paragraph (1) is 
                necessary to the national security, foreign policy, or 
                economy of the United States, the President shall, not 
                later than 120 days after the date on which the 
                President extends or reinstates a provision of law 
                under paragraph (1) or, if on that date the Congress 
                has recessed, adjourned to a date certain, or adjourned 
                sine die, then not later than 5 days after the Congress 
                comes back into session, submit to the Congress--
                            ``(i) a declaration of emergency explaining 
                        any unusual and extraordinary threat, which has 
                        its source in whole or substantial part outside 
                        of the United States, to the national security, 
                        foreign policy, or economy of the United States 
                        that justifies extension of any expiring 
                        statutory authority; and
                            ``(ii) a proposal to extend the expiring 
                        authority for not more than 1 year.
                    ``(B) Requirement for congressional approval.--The 
                proposed extension of authority shall not take effect 
                unless the Congress, not later than 60 calendar days 
                after receiving the report, enacts a joint resolution 
                approving the extension.
                    ``(C) Procedures for introduction and committee 
                consideration.--
                            ``(i) Joint resolution defined.--For 
                        purposes of this paragraph, the term `joint 
                        resolution' means only a joint resolution the 
                        matter after the resolving clause of which is 
                        as follows: `That the President is authorized 
                        to continue to exercise the authority of the 
                        __________________, for a period of ____ days, 
                        as proposed in the submission of the President 
                        of __________________', with the blank spaces 
                        being filled with the appropriate citations of 
                        lapsed legislative authority, time period, and 
                        date of the submission of the proposal.
                            ``(ii) Introduction.--On the day on which a 
                        proposal is submitted to the House of 
                        Representatives and the Senate under 
                        subparagraph (A), a joint resolution with 
                        respect to the proposed extension shall be 
                        introduced--
                                    ``(I) in the House of 
                                Representatives (by request) by the 
                                chairman of the appropriate committee 
                                of jurisdiction, for the chairman and 
                                the ranking minority member of the 
                                committee, or by the Members of the 
                                House designated by the chairman and 
                                ranking minority member; and
                                    ``(II) in the Senate (by request) 
                                by the Majority Leader of the Senate, 
                                for the Majority Leader and the 
                                Minority Leader of the Senate, or 
                                Members of the Senate designated by the 
                                Majority Leader and the Minority Leader 
                                of the Senate.
                            ``(iii) Submission while not in session.--
                        If the other House is not in session on the day 
                        on which the proposal is submitted, the joint 
                        resolution shall be introduced on the first day 
                        thereafter on which that House is in session.
                            ``(iv) Referral to committee.--Any joint 
                        resolution introduced under this paragraph in 
                        the House of Representatives or the Senate 
                        shall be referred to the appropriate committee 
                        of jurisdiction.
                            ``(v) Discharge from committee.--If the 
                        committee of either House to which a joint 
                        resolution has been referred under this 
                        paragraph has not reported the joint resolution 
                        at the end of 30 days after its referral, the 
                        committee shall be discharged from further 
                        consideration of the joint resolution and of 
                        any other joint resolution introduced with 
                        respect to the same matter.
                    ``(D) Congressional action not required.--If the 
                legislative authority extended or reinstated under the 
                authority of this subsection is extended or reinstated 
                by legislation passed in accordance with paragraph (2) 
                or any other provision of law for a period longer than 
                that proposed by the President under subparagraph 
                (A)(ii) prior to the expiration of the 60-day period 
                described in subparagraph (B), then no further action 
                on any joint resolution described in this paragraph is 
                required, and the procedures of subparagraph (C) are 
                waived.
            ``(4) Floor consideration of bills and joint resolutions.--
                    ``(A) Procedures.--Any bill or joint resolution 
                described in subparagraph (B) shall be considered in 
                the Senate in accordance with section 601(b) of the 
                International Security Assistance and Arms Export 
                Control Act of 1976. For the purpose of expediting the 
                consideration and enactment of such bill or joint 
                resolution under this subsection, a motion to proceed 
                to the consideration of any such bill or joint 
                resolution after it has been reported by the 
                appropriate committee shall be treated as highly 
                privileged in the House of Representatives.
                    ``(B) Affected bills and joint resolutions.--
                            ``(i) In general.--The procedures in 
                        subparagraph (A) shall apply to--
                                    ``(I) any bill in the form 
                                described in paragraph (2)(B)(i) and 
                                discharged from committee as provided 
                                in paragraph (2)(B)(iii); and
                                    ``(II) any joint resolution 
                                described in paragraph (3)(C)(i) or any 
                                other joint resolution with respect to 
                                the same matter discharged from 
                                committee as provided in paragraph 
                                (3)(C)(v).
                            ``(ii) Exception.--Any bill on the same 
                        matter as a bill described in paragraph 
                        (2)(B)(i) that is reported from committee in a 
                        form other than as described in that paragraph 
                        shall be considered in the House of 
                        Representatives and the Senate under normal 
                        legislative procedures.
                    ``(C) Bill or joint resolution received from other 
                house.--In the case of a bill in the form described in 
                paragraph (2)(B)(i) or a joint resolution described in 
                paragraph (3)(C)(i), if, before the passage by 1 House 
                of such a bill or joint resolution of that House, that 
                House receives such a bill or joint resolution with 
                respect to the same matter from the other House, then--
                            ``(i) the procedure in that House shall be 
                        the same as if no bill or joint resolution had 
                        been received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the bill or joint resolution of the other 
                        House.
                    ``(D) Computing time periods.--In computing the 
                time periods referred to in paragraphs (2)(B)(iii), 
                (3)(B), and (3)(C)(v), there shall be excluded the days 
                on which either House of Congress 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.''.
            (2) Confidentiality of information.--The International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) is 
        amended by adding at the end the following new section:

``SEC. 209. CONFIDENTIALITY OF INFORMATION.

    ``(a) Exemptions From Disclosure.--Information obtained under this 
Act may be withheld only to the extent permitted by statute, except 
that information submitted, obtained or considered in connection with 
an application for an export license or other export authorization 
under this Act, including the export license or other export 
authorization itself, classification requests, information obtained 
during the course of a foreign availability assessment, information or 
evidence obtained in the course of any investigation, and information 
obtained or furnished in connection with multilateral agreements, 
treaties, or obligations under this Act shall not be subject to 
disclosure under section 552 of title 5, United States Code, and shall 
be withheld from public disclosure unless the release of such 
information is determined by the Secretary to be in the national 
interest.
    ``(b) Information to Congress and GAO.--
            ``(1) In general.--Nothing in this Act shall be construed 
        as authorizing the withholding of information from the Congress 
        or from the General Accounting Office.
            ``(2) Availability to the congress.--
                    ``(A) In general.--All information obtained at any 
                time under this Act regarding the control of exports, 
                including any report or license application required 
                under this Act, shall upon request be made available to 
                the Committee on Foreign Affairs and the Subcommittee 
                on International Economic Policy and Trade of the House 
                of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs and the Subcommittee on 
                International Finance and Monetary Policy of the 
                Senate. The committees and subcommittees referred to in 
                the preceding sentence may not provide other Members of 
                Congress information obtained under this paragraph 
                except upon a finding under subparagraph (B) that such 
                information may be disclosed.
                    ``(B) Prohibition on further disclosure.--No 
                committee or subcommittee described in subparagraph 
                (A), or member thereof, and no other committee, 
                subcommittee, or Member of Congress shall disclose any 
                information obtained under this Act or previous Acts 
                regarding the control of exports that is submitted 
                pursuant to this subsection unless one of the full 
                committees listed in subparagraph (A) determines that 
                the withholding of that information is contrary to the 
                national interest.
            ``(3) Availability to the gao.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                information referred to in subparagraph (B) shall, 
                consistent with the protection of intelligence, 
                counterintelligence, and law enforcement sources, 
                methods, and activities, as determined by the agency 
                that originally obtained the information, and 
                consistent with the provisions of section 716 of title 
                31, United States Code, be made available only by the 
                agency that originally obtained the information, upon 
                request, to the Comptroller General of the United 
                States or to any officer or employee of the General 
                Accounting Office authorized by the Comptroller General 
                of the United States to have access to such 
                information.
                    ``(B) Prohibition on further disclosures.--No 
                officer or employee of the General Accounting Office 
                shall disclose, except to the Congress in accordance 
                with this subsection, any information that is submitted 
                on a confidential basis and from which any individual 
                can be identified.
    ``(c) Penalties for Disclosure of Confidential Information.--Any 
officer or employee of the United States, or any department or agency 
thereof, who publishes, divulges, discloses, or makes known in any 
manner, or to any extent not authorized by law, any information coming 
to such officer, employee, department, or agency, in the course of 
employment or official duties, or by reason of any examination, 
investigation, report, record, or file of such officer, employee, 
department, or agency, which is exempt from disclosure under this 
subsection, shall--
            ``(1) be fined not more than $10,000, or imprisoned not 
        more than one year, or both;
            ``(2) may be removed from office or employment (in the case 
        of an officer or employee); and
            ``(3) shall be subject to a civil penalty of not more than 
        $10,000.''.
            (3) Additional amendments.--Section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) is 
        amended--
                    (A) in subsection (a), by inserting ``, or attempts 
                to violate,'' after ``violates''; and
                    (B) in subsection (b), by inserting ``, or 
                willfully attempts to violate,'' after ``violates''.
    (d) Civil Aircraft Equipment.--Except as necessary to comply with 
international obligations under the International Emergency Economic 
Powers Act or the United Nations Participation Act of 1945, and 
notwithstanding any other provision of law, a product shall be subject 
to export controls exclusively under this title if it is a product 
that--
            (1) is certified by the Federal Aviation Administration, to 
        be standard equipment in civil aircraft and is an integral part 
        of such aircraft; and
            (2) is to be exported to a country, other than a target 
        country.
    (e) Effect on Section 38(e) of the Arms Export Control Act.--This 
title modifies provisions of the Export Administration Act of 1979, 
which are incorporated by reference in section 38(e) of the Arms Export 
Control Act (22 U.S.C. 2778(e)). The amendments made to such provisions 
shall have no effect on the administration and enforcement of section 
38(e) of the Arms Export Control Act. The relevant provisions of the 
Export Administration Act of 1979, shall continue to have the same 
force and effect as they had on the day before the expiration of the 
Export Administration Act of 1979 for purposes of the Arms Export 
Control Act.

SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department to carry out this title--
            (1) $43,372,000 for fiscal year 1995;
            (2) such amounts as may be necessary for fiscal year 1996; 
        and
            (3) such additional amounts for each of fiscal years 1995 
        and 1996 as may be necessary for increases in salary, pay, 
        retirement, other employee benefits authorized by law, and 
        other non-discretionary costs.
    (b) Funding for Electronic Information System.--There are 
authorized to be appropriated to the Department to carry out subsection 
(m) of section 108--
            (1) $2,000,000 for fiscal year 1995; and
            (2) such sums as may be necessary for each of fiscal years 
        1996 and 1997.

SEC. 117. EFFECTIVE DATE.

    (a) In General.--This title shall become effective upon the 
expiration of the Export Administration Act of 1979, and shall remain 
in effect until January 1, 1999.
    (b) Repeal of 1979 Act.--Upon the effective date of this title, the 
Export Administration Act of 1979 is repealed.

SEC. 118. SAVINGS PROVISIONS.

    (a) In General.--All delegations, rules, regulations, orders, 
determinations, licenses, sanctions, or other forms of administrative 
action that have been made, issued, conducted, or allowed to become 
effective under the Export Control Act of 1949, the Export 
Administration Act of 1969, the Export Administration Act of 1979, or 
the Arms Export Control Act, and which are in effect on the date on 
which this title becomes effective, shall continue in effect according 
to their terms until modified, superseded, set aside, or revoked under 
this title or the Arms Export Control Act.
    (b) Administrative Proceedings.--This title shall not apply to any 
administrative proceedings commenced or any application for a license 
made, under the Export Administration Act of 1979, which is pending on 
the effective date of this title.

SEC. 119. CONFORMING AMENDMENTS.

    (a) Agricultural References.--
            (1) Agricultural commodities.--Section 1133(a)(3) of the 
        Food Security Act of 1985 (7 U.S.C. 1736y(3)) is amended by 
        inserting ``of 1994'' after ``Export Administration Act''.
            (2) Trade suspension reserves.--Section 208(a) of the 
        Agricultural Act of 1980 (7 U.S.C. 4001(a)) is amended by 
        striking ``Export Administration Act of 1979'' and inserting 
        ``Export Administration Act of 1994''.
            (3) Agricultural embargo protection.--Section 411(a)(1) of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5671(a)(1)) is 
        amended by striking ``Export Administration Act of 1979 (50 
        U.S.C. App. 2401 et seq.)'' and inserting ``Export 
        Administration Act of 1994''.
    (b) Defense References.--
            (1) Public disclosure of certain technical data.--Section 
        130(a) of title 10, United States Code, is amended by striking 
        ``Export Administration Act of 1979 (50 U.S.C. App. 2401-
        2420)'' and inserting ``Export Administration Act of 1994''.
            (2) Defense contracts.--
                    (A) Consideration of national security 
                objectives.--Section 2327 of title 10, United States 
                Code, is amended--
                            (i) in subsection (a), by striking 
                        ``section 6(j)(1)(A) of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 
                        2405(j)(1)(A))'' and inserting ``section 
                        105(d)(3)(A) of the Export Administration Act 
                        of 1994''; and
                            (ii) in subsection (b)(2), by striking 
                        ``section 6(j)(1)(A) of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 
                        2405(j)(1)(A))'' and inserting ``section 
                        105(d)(3)(A) of the Export Administration Act 
                        of 1994''.
                    (B) Prohibition on certain contracts.--Section 
                2410i(a) of title 10, United States Code, is amended by 
                striking ``section 3(5)(A) of the Export Administration 
                Act of 1979 (50 U.S.C. App. 2402(5)(A))'' and inserting 
                ``section 102(b)(9) of the Export Administration Act of 
                1994''.
                    (C) Disposition of products.--Section 7430(e) of 
                title 10, United States Code, is amended--
                            (i) by striking ``Export Administration Act 
                        of 1979 (50 U.S.C. App. 2401 et seq.)'' and 
                        inserting ``Export Administration Act of 
                        1994''; and
                            (ii) by striking ``Export Administration 
                        Act of 1979'' each place it appears and 
                        inserting ``Export Administration Act of 
                        1994''.
    (c) Export of Semiconductor Manufacturing.--Section 275 of the 
National Defense Authorization Act for Fiscal Years 1988 and 1989 (15 
U.S.C. 4605) is amended by striking ``Export Administration Act of 1979 
(50 U.S.C. App. 2401 et seq.)'' and inserting ``Export Administration 
Act of 1994''.
    (d) Export of Unprocessed Timber.--Section 499 of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620j) 
is amended--
            (1) in the section heading, by striking ``of 1979'' and 
        inserting ``of 1994''; and
            (2) by striking ``section 7 of the Export Administration 
        Act of 1979'' and inserting ``section 106 of the Export 
        Administration Act of 1994''.
    (e) Criminal Violations.--
            (1) Agents of foreign governments.--Section 951(e)(2)(B) of 
        title 18, United States Code, is amended by striking ``section 
        11 of the Export Administration Act of 1979'' and inserting 
        ``section 109 of the Export Administration Act of 1994''.
            (2) Laundering of monetary instruments.--Section 
        1956(c)(7)(D) of title 18, United States Code, is amended by 
        striking ``section 11 (relating to violations) of the Export 
        Administration Act of 1979'' and inserting ``section 109 
        (relating to violations) of the Export Administration Act of 
        1994''.
    (f) Foreign Relations.--
            (1) Relations with the people's republic of china.--Section 
        902(a) of the Foreign Relations Authorization Act, Fiscal Years 
        1990 and 1991 (22 U.S.C. 2151 note) is amended--
                    (A) in paragraph (4), by striking ``section 6(k) of 
                the Export Administration Act of 1979'' and inserting 
                ``section 105(d) of the Export Administration Act of 
                1994'';
                    (B) in paragraph (6)(A)(i), by striking ``Export 
                Administration Act of 1979'' and inserting ``Export 
                Administration Act of 1994''; and
                    (C) in paragraph (7)(A), by striking ``Export 
                Administration Act of 1979'' and inserting ``Export 
                Administration Act of 1994''.
            (2) Human rights and security assistance.--Section 
        502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2304(a)(2)) is amended--
                    (A) by striking ``Export Administration Act of 1979 
                for'' and inserting ``Export Administration Act of 1994 
                for''; and
                    (B) by striking ``Export Administration Act of 
                1979).'' and inserting ``Export Administration Act of 
                1994)''.
            (3) Torture by foreign governments.--Section 2(c) of the 
        Joint Resolution entitled ``Joint Resolution regarding the 
        implementation of the policy of the United States Government in 
        opposition to the practice of torture by any foreign 
        government'', approved October 4, 1984 (22 U.S.C. 2656 note) is 
        amended by striking ``Export Administration Act of 1979'' and 
        inserting ``Export Administration Act of 1994''.
            (4) Annual report on the proliferation of missiles and 
        essential components of nuclear, biological, and chemical 
        weapons.--Section 1097(c)(7) of the National Defense 
        Authorization Act for Fiscal Years 1992 and 1993 (22 U.S.C. 
        2751 note) is amended by striking ``section 11B(b)(4) of the 
        Export Administration Act of 1979 (50 U.S.C. App. 
        2401b(b)(4))'' and inserting ``section 112(b)(4) of the Export 
        Administration Act of 1994''.
            (5) Control of arms exports and imports.--Section 38 of 
        chapter 3 of the Foreign Military Sales Act (22 U.S.C. 2778) is 
        amended--
                    (A) in subsection (e)--
                            (i) in the first sentence, by striking 
                        ``subsections (c), (d), (e), and (g) of section 
                        11'' and all that follows through ``of such 
                        Act,'' and inserting the following: 
                        ``subsections (b), (c), (e), and (f) of section 
                        109 of the Export Administration Act of 1994, 
                        and by sections 110(a) and 111(d) of that 
                        Act,''; and
                            (ii) in the third sentence, by striking 
                        ``section 11(c) of the Export Administration 
                        Act of 1979'' and inserting ``section 109(c) of 
                        the Export Administration Act of 1994'';
                    (B) in subsection (f), by striking ``Export 
                Administration Act of 1979'' and inserting ``Export 
                Administration Act of 1994''; and
                    (C) by striking subsection (g)(1)(A)(ii) and 
                inserting the following:
                            ``(ii) section 109 of the Export 
                        Administration Act of 1994,''.
            (6) Exportation of uranium depleted in the isotope 235.--
        Section 110 of the International Security and Development 
        Cooperation Act of 1980 (22 U.S.C. 2778a) is amended by 
        striking ``Export Administration Act of 1979'' and inserting 
        ``Export Administration Act of 1994''.
            (7) Arms export control act.--
                    (A) Transactions with countries supporting acts of 
                international terrorism.--Section 40(k) of chapter 3 of 
                the Arms Export Control Act (22 U.S.C. 2780(k)) is 
                amended--
                            (i) by striking ``sections 11(c), 11(e), 
                        11(g), and 12(a) of the Export Administration 
                        Act of 1979'' and inserting ``sections 109(b), 
                        109(c), 109(f), and 110(a) of the Export 
                        Administration Act of 1994''; and
                            (ii) by striking ``notwithstanding section 
                        11(c)'' and inserting ``notwithstanding section 
                        109(c)''.
                    (B) Control of missiles and missile equipment or 
                technology.--Chapter 7 of the Arms Export Control Act 
                (22 U.S.C. 2797 et seq.) is amended--
                            (i) in section 72(a)(1)(A), by striking 
                        ``section 5 or 6 of the Export Administration 
                        Act of 1979 (50 U.S.C. App. 2404, 2405)'' and 
                        inserting ``section 105 of the Export 
                        Administration Act of 1994''; and
                            (ii) in section 74(6), by striking 
                        ``section 16(2) of the Export Administration 
                        Act of 1979 (50 U.S.C. App. 2415(2))'' and 
                        inserting ``section 103 of the Export 
                        Administration Act of 1994''.
                    (C) Chemical or biological weapons proliferation.--
                Section 81(a)(1)(C) of chapter 8 of the Arms Export 
                Control Act (22 U.S.C. 2798(a)(1)(C)) is amended by 
                striking ``Export Administration Act of 1979'' and 
                inserting ``Export Administration Act of 1994''.
            (8) Report on confidence building measures by poland and 
        hungary.--Section 702(2) of the Support for East European 
        Democracy (SEED) Act of 1989 (22 U.S.C. 5472(2)) is amended by 
        striking ``Export Administration Act of 1979'' and inserting 
        ``Export Administration Act of 1994''.
            (9) United states export controls.--Section 304(a)(2) of 
        the Chemical and Biological Weapons Control and Warfare 
        Elimination Act of 1991 (22 U.S.C. 5603(2)) is amended by 
        striking ``Export Administration Act of 1979'' and inserting 
        ``Export Administration Act of 1994''.
            (10) Support for the cuban people.--Section 1705(a) of the 
        Cuban Democracy Act of 1992 (22 U.S.C. 6004(a)) is amended by 
        striking ``Export Administration Act of 1979'' and inserting 
        ``Export Administration Act of 1994''.
    (g) Internal Revenue Code of References.--
            (1) Section 901.--Section 901(j)(2)(A)(iv) of the Internal 
        Revenue Code of 1986 is amended by striking ``section 6(j) of 
        the Export Administration Act of 1979'' and inserting ``section 
        105(d)(3) of the Export Administration Act of 1994''.
            (2) Section 927.--Section 927(a)(2)(D) of the Internal 
        Revenue Code of 1986 is amended by striking ``paragraph (2)(C) 
        of section 3 of the Export Administration Act of 1979'' and 
        inserting ``section 102(b)(1)(E) of the Export Administration 
        Act of 1994''.
            (3) Section 993.--Section 993(c)(2)(D) of the Internal 
        Revenue Code of 1986 is amended by striking ``section 7(a) of 
        the Export Administration Act of 1979 to effectuate the policy 
        set forth in paragraph (2)(C) of section 3 of such Act'' and 
        inserting ``section 106(a) of the Export Administration Act of 
        1994 to effectuate the policy set forth in section 102(b)(1)(E) 
        of that Act''.
    (h) Rights-Of-Way for Pipelines Through Federal Lands.--Section 
28(u) of the Mineral Leasing Act (30 U.S.C. 185(u)) is amended--
            (1) by striking ``Export Administration Act of 1979 (50 
        U.S.C. App. 2401 and following)'' and inserting ``Export 
        Administration Act of 1994''; and
            (2) by striking ``Export Administration Act of 1979'' each 
        place it appears and inserting ``Export Administration Act of 
        1994''.
    (i) Energy Conservation.--
            (1) Domestic use of energy supplies and related materials 
        and equipment.--Section 103 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6212) is amended--
                    (A) in subsection (c)--
                            (i) by striking ``Export Administration Act 
                        of 1979'' and inserting ``Export Administration 
                        Act of 1994''; and
                            (ii) by striking ``section 3(2)(C)'' and 
                        inserting ``section 102(b)(1)(E)''; and
                    (B) in subsection (e)(3), by striking ``Export 
                Administration Act of 1969'' and inserting ``Export 
                Administration Act of 1994''.
            (2) Exchange of information.--Section 254(e) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6274(e)) is amended by 
        striking paragraph (3) and inserting the following:
            ``(3) section 110 of the Export Administration Act of 
        1994;''.
    (j) Iraq Sanctions.--Section 586G of the Iraq Sanctions Act of 1990 
(50 U.S.C. 1701 note) is amended--
            (1) by striking subsection (a)(3) and inserting the 
        following:
            ``(3) Exports of certain goods and technology.--The 
        authorities of section 105 of the Export Administration Act of 
        1994 shall be used to prohibit the export to Iraq of any goods 
        or technology listed pursuant to that section on the control 
        lists established under subsections (f) and (i) of section 104 
        of that Act.''; and
            (2) in subsection (b), by striking ``subsection (m)(1) of 
        section 6 of the Export Administration Act of 1979'' and 
        inserting ``section 111(h)(1) of the Export Administration Act 
        of 1994''.

          TITLE II--ENVIRONMENTAL EXPORT PROMOTION ACT OF 1994

SEC. 201. SHORT TITLE.

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

SEC. 202. 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 (15 U.S.C. 4728) is 
amended by adding at the end the following new subsection:
    ``(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 specialist 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) Environmental Technologies Project Advocacy Calendar and 
Information Dissemination Program.--The Working Group shall--
            ``(1) 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--
                    ``(A) be made available to the public;
                    ``(B) 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
                    ``(C) include trade promotion events, such as trade 
                missions and trade fairs, in the environmental sector; 
                and
            ``(2) 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.
    ``(i) Environmental Technology Export Alliances.--Subject to the 
availability of appropriations for such purpose, the Secretary shall 
explore the use of the Market Development Cooperator Program to support 
the creation of private sector, nonprofit organizations, and university 
alliances that support the export of environmental technologies.
    ``(j) Definition.--For purposes of this section, the term 
`environmental business' means a business that produces environmental 
technologies, goods, or services.''.
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                                                       Calendar No. 474

              103d CONGRESS

               2d Session

S. 2203

                          [Report No. 103-288]

_______________________________________________________________________

                                 A BILL

    To improve the administration of export controls, and for other 
                               purposes.

                June 16 (legislative day, June 7), 1994

                         Placed on the calendar