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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3412 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3412

 To provide fundamental reform of the system and authority to regulate 
commercial exports, to enhance the effectiveness of export controls, to 
  strengthen multilateral export control regimes, and to improve the 
                    efficiency of export regulation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1993

Mr. Roth (for himself and Mr. Oberstar) introduced the following bill; 
 which was referred jointly to the Committees on Foreign Affairs, Ways 
                          and Means, and Rules

_______________________________________________________________________

                                 A BILL

 
 To provide fundamental reform of the system and authority to regulate 
commercial exports, to enhance the effectiveness of export controls, to 
  strengthen multilateral export control regimes, and to improve the 
                    efficiency of export regulation.

    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 ``Commercial Export 
Administration Act of 1993''.
    (b) Table of Contents.--

                           TABLE OF CONTENTS

Sec. 1. Short title; table of contents.
Sec. 2. Findings and policy.
Sec. 3. General provisions.
Sec. 4. National security controls.
Sec. 5. Emergency controls.
Sec. 6. Export control authorities.
Sec. 7. Commercial export licenses and licensing procedures.
Sec. 8. Penalties, administrative procedures, and sanctions.
Sec. 9. Definitions; reports.
Sec. 10. Effect on other acts; conforming amendments.
Sec. 11. Authorization of appropriations; termination date.
Sec. 12. Miscellaneous provisions.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--The Congress makes the following findings:
            (1) The ability of United States citizens to engage in 
        international commerce is a fundamental right, which is to be 
        abridged only under specific conditions for critical national 
        security or foreign policy reasons. In principle, exports of 
        commercial goods and technology are unrestricted, except as 
        specified in this Act.
            (2) Exporting is critical to the economic health of the 
        United States and, therefore, to its national security as well. 
        With the growing importance of exports to sustained United 
        States economic growth and vitality, restrictions on exports 
        should be considered within the broader framework of the 
        economic performance of the United States. Restrictions on 
        commercial exports from the United States have had serious 
        adverse effects on economic competitiveness and domestic 
        employment, particularly when restraints applied by the United 
        States are more extensive than those imposed by other countries 
        or when United States export control policy is uncertain.
            (3) Traditional strategic threats of Warsaw Pact military 
        capabilities have fundamentally changed; new security threats 
        lie in the proliferation of weapons of mass destruction, that 
        is, nuclear, chemical, and biological weapons, missiles, and 
        advanced delivery systems. Availability to certain countries 
        and endusers of items that contribute to military or 
        proliferation potential is a fundamental concern of the United 
        States and should be eliminated through negotiations and other 
        appropriate means whenever possible.
            (4) In order for export controls to be effective, they must 
        be maintained multilaterally by supplier countries, and focused 
        only on those commercial goods or technology that would 
        directly, substantially, and materially contribute to the 
        military or proliferation potential of countries or endusers 
        posing a strategic threat to the United States. Ad hoc 
        approaches to export controls are no longer sufficient. Greater 
        coordination, formalization, simplification, and consolidation 
        of existing multilateral export control regimes are necessary.
            (5) Unilateral controls are not effective in changing the 
        actions or policies of other governments. Unilateral emergency 
        controls should only be imposed temporarily in order to allow 
        time to seek multilateral support. If negotiations fail, 
        emergency controls should expire, unless a further extension is 
        approved by the Congress or the emergency controls are upgraded 
        to an embargo.
            (6) In order for export controls to be effective, United 
        States exporters and the United States Government must work 
        closely together in developing, implementing, harmonizing, and 
        enforcing export controls. The Government must clearly and 
        specifically define which items are controlled to which 
        specific destinations and endusers. Effectiveness of export 
        controls is largely based on voluntary compliance by the 
        exporting public; it is, therefore, imperative that industry be 
        clearly informed in a timely fashion about export control 
        regulations and policies, and that United States exporters know 
        their customers and, to the greatest extent practicable, the 
        ultimate destination of their products.
            (7) Export controls cannot, by themselves, stop the 
        development of capabilities to produce weapons of mass 
        destruction. Export controls should, therefore, be applied as 
        part of a well-reasoned, comprehensive national response to 
        security threats, taking into account the limitations and the 
        realities of whether goods or technology are controllable.
            (8) The residual Cold War system of export controls faces 
        basic problems that hamper the effectiveness of export controls 
        and unnecessarily impedes legitimate United States commercial 
        exports. The United States export control system must be 
        fundamentally and substantially reformed to address more 
        effectively the current security challenges and to achieve the 
        goals of an effective and efficient export control program.
    (b) Policy.--It is the policy of the United States--
            (1) to encourage and support trade with all countries with 
        which the United States has diplomatic or trading relations;
            (2) that exports of commercial goods and technology are 
        unrestricted, to be abridged only for critical national 
        security or foreign policy reasons to the extent provided in 
        this Act;
            (3) that absent the requirement for a validated license, as 
        indicated by the inclusion of specific goods and technology on 
        the export control index to specified countries and endusers, 
        no authority or permission to export is required;
            (4) to minimize unnecessary restrictions and uncertainty in 
        export control policy;
            (5) to apply any necessary export controls in cooperation 
        with other supplier nations as part of multilateral export 
        control regimes under section 4, and to strengthen such efforts 
        to better coordinate, formalize, and even consolidate national 
        export control policies;
            (6) to impose unilateral controls, under the procedures and 
        conditions set forth in section 5, only in response to an 
        immediate and extraordinary threat to the national security or 
        foreign policy of the United States, and only after full 
        consideration of the economic impact of the controls and their 
        effectiveness in achieving the intended objectives, and for a 
        limited time in order to negotiate for multilaterial controls;
            (7) to restrict the export or reexport of only those 
        commercial goods and technology that would directly, 
        substantially, and materially--
                    (A) contribute to the military potential of 
                countries posing a strategic threat to the United 
                States, or
                    (B) enable a country or enduser to acquire the 
                capability to develop, produce, stockpile, use, or 
                deliver weapons of mass destruction, but only if such 
                goods and technology are controllable;
            (8) to administer export controls consistent with basic 
        standards of due process and to provide specific guidelines to 
        United States exporters, through the publication of 
        regulations, public notices, and advisory opinions with respect 
        to goods, technology, sectors, license processing policies and 
        practices, destinations, and endusers subject to specific types 
        of controls or exemptions from controls; and
            (9) to consolidate and simplify the regulation, reporting, 
        and documentation required of exporters.

SEC. 3. GENERAL PROVISIONS.

    (a) Right of Export.--No authority or permission to export 
commercial goods and technology may be required under this Act or any 
other provision of law (other than the Atomic Energy Act of 1954), 
except as provided in sections 4 and 5 of this Act and in sections 7 
and 8(b) of the Export Administration Act of 1979.
    (b) United States Commercial Export Control Index.--
            (1) In general.--The Secretary shall--
                    (A) establish and maintain a United States 
                Commercial Export Control Index which shall identify 
                all commercial goods or technology on which controls 
                are imposed under this Act;
                    (B) specify the license requirements applicable to 
                the items on the control index; and
                    (C) designate countries and endusers to which 
                exports and reexports of commercial goods and 
                technology are controlled.
            (2) Contents.--The control index shall--
                    (A) consist of a security control list of all 
                commercial goods and technology on which export and 
                reexport controls are imposed under section 4, and an 
                emergency control list of all goods and technology on 
                which export and reexport controls are imposed under 
                section 5;
                    (B) for each item on the control index, specify 
                with particularity the performance and other 
                identifying characteristics of the item and provide a 
                rationale for why the item is on the control list;
                    (C) identify countries and endusers to which 
                exports are reexports are controlled, including 
                specific projects and endusers of concern, cross-
                referenced with the list of goods and technology on 
                which export and reexport controls are imposed; and
                    (D) be sufficiently specific and clear as to guide 
                exporters and licensing officers in determinations of 
                licensing requirements under this Act.
            (3) Licensing of control index goods and technology.--A 
        validated license may be required for the export or reexport of 
        those commercial goods and technology that are specifically and 
        clearly identified on the control index to countries and 
        endusers so designated on the control index. No authority or 
        permission may be required to export or reexport commercial 
        goods and technology not so identified to any country or 
        enduser not so designated.
            (4) Review of index.--
                    (A) In general.--The Secretary shall review all 
                goods and technology on the control index maintained 
                under paragraph (1) at least annually. This review 
                shall apply to the removal of items from the control 
                index or changes in specifications of items on the 
                control index. The Secretary shall use the data 
                developed from such reviews in formulating United 
                States proposals for revision of multilateral controls 
                in COCOM and other export control regimes described in 
                section 4.
                    (B) Considerations.--In conducting the annual 
                review, the Secretary shall--
                            (i) consult with the appropriate industry 
                        advisory committees appointed under section 
                        6(d) and consider--
                                    (I) recommendations of such 
                                committees with respect to proposed 
                                changes in the control index; and
                                    (II) proposals of such committees 
                                for the removal, by the date on which 
                                the applicable export control regime 
                                would implement such removal, of 
                                licensing requirements under this Act 
                                for goods or technology which are 
                                anticipated to be widely available from 
                                countries that are not members of that 
                                export control regime as a result of 
                                advances in the technological 
                                performance levels of such goods or 
                                technology;
                            (ii) consider the results of foreign 
                        availability determinations made under 
                        subsection (g);
                            (iii) consider comments received pursuant 
                        to the notice of review provided under 
                        subparagraph (C)(ii); and
                            (iv) consult with other departments or 
                        agencies as the Secretary considers 
                        appropriate.
                    (C) Procedures.--
                            (i) Duration of review.--The annual review 
                        required under subparagraph (A) may not extend 
                        beyond 180 days after such review is begun.
                            (ii) Notice of review.--Before beginning 
                        each annual review, the Secretary shall publish 
                        a notice of that review in the Federal Register 
                        and shall provide a 30-day period for comments 
                        and submission of data, with or without oral 
                        presentation, by interested Government 
                        agencies, exporters, and other interested 
                        parties.
                            (iii) Revisions.--The Secretary shall make 
                        a determination of any revisions in the control 
                        index not later than 30 days after the end of 
                        the review period. The concurrence or approval 
                        of any other department or agency shall not be 
                        required before any such revision is made. The 
                        Secretary shall publish in the Federal Register 
                        any revisions in the list, with an explanation 
                        of the reasons for the revisions.
            (5) Indexing.--The Secretary shall develop, with the 
        assistance of the industry advisory committees established 
        under section 6(d), methodologies and procedures for indexing 
        products where performance capabilities are measurable. Such 
        methodologies and procedures shall provide for increases in the 
        performance levels of goods and technology on the control index 
        and shall provide for the technical specifications below which 
        no authority or permission to export or reexport is required as 
        compared to the most technologically advanced commercially 
        available version of the same or equivalent goods or 
        technology. Such methodologies and procedures shall be 
        published and used in the annual list review of the control 
        index under paragraph (4).
    (c) Issuance of Regulations.--
            (1) In general.--The Secretary may issue such regulations 
        as are necessary to carry out this Act.
            (2) Public participation.--Unless demonstrated as 
        impracticable, all regulations imposing controls on exports 
        under this Act shall be issued in proposed form with 
        opportunity for public comment before taking effect. If a 
        regulation imposing controls under this Act is issued with 
        immediate effect, opportunity for public comment shall also be 
        provided and the regulation shall be reissued in final form 
        after public comments have been fully considered.
            (3) Report.--The Secretary shall report to the Committee on 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives on 
        the intent and rationale of all proposed regulations under this 
        Act and any proposed amendments to regulations issued under 
        this Act. Such report shall thoroughly evaluate the costs and 
        burden imposed on United States exporters of the proposed 
        regulations or amendments in relation to any enhancement of 
        export licensing objectives.
            (4) Consultation.--The Secretary shall, in formulating or 
        amending regulations issued under this Act, consult with the 
        industry advisory committees authorized under section 6(d) 
        before such regulations or amendments are issued. The 
        Secretary, in consultation with appropriate industry advisory 
        committees, shall review the regulations issued under this Act 
        in order to simplify and clarify such regulations.
    (d) Publication of Actions.--
            (1) Decisions and actions of the secretary--
                    (A) In general.--The Secretary shall publish in the 
                Federal Register, to the greatest extent practicable, 
                actions, procedures, and decisions of the Secretary 
                under this Act, taking into account restrictions on 
                disclosure of classified or confidential information. 
                The following determinations of the Secretary shall in 
                every case be published in the Federal Register, unless 
                a private party requested the determination and asked 
                that it not be published:
                            (i) Classification of a good or technology 
                        on the control index.
                            (ii) Calculation of a commonly-used control 
                        index parameter for a good or technology, 
                        including all officially accepted composite 
                        theoretical performance calculations for 
                        computers and microprocessors.
                    (B) Notice of revisions.--Whenever the Secretary 
                makes any revision in the control index with respect to 
                any good or technology, or with respect to any country 
                or destination affected by controls imposed under 
                section 4 or section 5, the Secretary shall publish in 
                the Federal Register a notice of such revision and 
                shall specify in such notice under which authority the 
                revision is being made.
            (2) Export control regime actions.--
                    (A) In general.--Not more than 90 days after the 
                date of the enactment of this Act, the Secretary shall 
                publish the full text of each International List of 
                COCOM, together with all notes and understandings 
                concerning such lists that are agreed to by COCOM, and 
                the lists and all notes and understandings of all other 
                export control regimes. The Secretary shall update the 
                publication under the preceding sentence at least once 
                in each 1-year period occurring after the original 
                publication under this subparagraph.
                    (B) Contents.--The Secretary shall publish--
                            (i) the full text of any agreements of 
                        COCOM affecting the International Lists, and 
                        any agreements of other export control regimes 
                        of which the United States is a member, 
                        together with all notes, understandings, and 
                        other aspects of such agreements and all 
                        revisions to such texts;
                            (ii) subject to the limitations set forth 
                        in subsection (f), decisions on requests for 
                        general exceptions to the Industrial List 
                        portion of the International Lists of COCOM, 
                        and decisions on exceptions for exports 
                        permitted by such other export control regimes;
                            (iii) other decisions made by COCOM, and 
                        other actions and decisions of such other 
                        export control regimes, to the maximum extent 
                        possible; and
                            (iv) lists of controlled countries and 
                        controlled endusers, projects of concern with 
                        respect to the capability described in section 
                        2(b)(7)(B), unreliable practices with respect 
                        to items on which export or reexport controls 
                        are imposed under this Act, and persons to whom 
                        sanctions have been applied, or whose export 
                        privileges have been denied, under this Act.
                    (C) Timing.--Such publication shall be made not 
                more than 30 days after the agreements are reached, or 
                the decisions are made, as the case may be.
                    (D) Exception.--The publication of a particular 
                matter need not be made under this paragraph to the 
                extent that the Secretary submits a written finding to 
                the Congress that to publish that matter would be 
                contrary to national or international security, would 
                abridge the confidentiality of the decision-making 
                processes of COCOM or another export control regime, or 
                would otherwise be inconsistent with the obligations of 
                the United States to COCOM or another export control 
                regime.
    (e) Notification of the Public; Consultation With Industry; 
Recordkeeping.--
            (1) Notification of the public.--The Secretary shall keep 
        the public fully apprised of changes in export control policy 
        and procedures instituted under this Act with a view to 
        encouraging trade.
            (2) Consultation with industry.--The Secretary shall meet 
        regularly with industry advisory committees appointed under 
        section 6(d) in order to obtain their views on United States 
        export control policy and the foreign availability of 
        commercial goods and technology.
            (3) Review of reporting requirements.--In the 
        administration of this Act, reporting requirements shall be 
        designed so as to reduce the cost of reporting, recordkeeping, 
        and export documentation required under this Act, to the extent 
        feasible and consistent with effective enforcement and 
        compilation of useful trade statistics. Reporting, 
        recordkeeping, and export documentation requirements shall be 
        periodically reviewed and revised in the light of developments 
        in the field of information technology.
    (f) Confidentiality of Information.--
            (1) Exemptions from disclosure.--Except as provided in 
        paragraph (2), information obtained by the Secretary under this 
        Act or under previous Acts regarding the control of exports, 
        including any report, export license application, or 
        classification request which is deemed confidential, or with 
        reference to which a request for confidential treatment is made 
        by the person furnishing such information, shall be exempt from 
        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 Act shall be 
                construed as authorizing the withholding of information 
                from the Congress or from the General Accounting 
                Office.
                    (B) Availability to the congress.--
                            (i) In general.--All information obtained 
                        at any time under this Act or previous Acts 
                        regarding the control of exports, including any 
                        report or export license application required 
                        under this Act, shall be made available to any 
                        committee or subcommittee of Congress of 
                        appropriate jurisdiction upon request of the 
                        chairman or ranking minority member of such 
                        committee or subcommittee.
                            (ii) Prohibition on further disclosure.--No 
                        such committee or subcommittee, or member 
                        thereof, shall disclose any information 
                        obtained under this Act or previous Acts 
                        regarding the control of exports which is 
                        submitted on a confidential basis unless the 
                        full committee determines that the withholding 
                        of that information is contrary to the national 
                        interest.
                    (C) Availability to the gao.--
                            (i) 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 
                        that 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 to have 
                        access to such information.
                            (ii) Prohibition on further disclosure.--No 
                        officer or employee of the General Accounting 
                        Office shall disclose, except to the Congress 
                        in accordance with this paragraph, any such 
                        information which is submitted on a 
                        confidential basis and from which any 
                        individual can be identified.
            (3) 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 to which such officer or employee gains access in 
        the course of his or her employment or official duties or by 
        reason of any examination or investigation made by, or report 
        or record made to or filed with, such department or agency, or 
        officer or employee thereof, if such information is exempt from 
        disclosure under this subsection, shall be fined not more than 
        $25,000, or imprisoned not more than 1 year, or both, and shall 
        be removed from office or employment.
    (g) Foreign Availability.--
            (1) In general.--Except when the President determines that 
        the absence of controls under this Act would prove detrimental 
        to the national security of the United States--
                    (A) the Secretary shall not impose controls under 
                this Act on commercial goods or technology with respect 
                to which it is determined that there is foreign 
                availability; and
                    (B) in the case of any commercial goods or 
                technology with respect to which it is determined that 
                there is foreign availability, the Secretary shall 
                either--
                            (i) eliminate controls imposed under this 
                        Act on such goods or technology; or
                            (ii) in the case of goods or technology the 
                        export or reexport of which is controlled under 
                        the terms of an export control regime, propose 
                        elimination of export and reexport controls to 
                        countries participating in the regime and 
                        eliminate such controls to the extent such 
                        countries agree to such elimination.
            (2) Foreign availability review.--The Secretary, in 
        consultation with appropriate industry advisory committees 
        appointed under section 6(d), shall review and monitor on a 
        continuing basis the foreign availability of any commercial 
        goods or technology on which controls are or may be imposed 
        under this Act. In so doing, the Secretary shall consider the 
        availability of such goods or technology, and the anticipated 
        availability of such goods and technology within 6 months, 
        within and to controlled countries and countries other than 
        controlled countries from sources outside the United States, 
        and the extent to which any such source country places and 
        enforces controls on the export of such goods or technology to 
        controlled countries. The Secretary shall not consider the 
        availability under license from a country which maintains 
        export controls on such goods or technology cooperatively with 
        the United States pursuant to the agreement of COCOM or other 
        export control regimes, unless the Secretary determines that 
        the export restrictions maintained by such country are 
        ineffective.
            (3) Procedures for foreign availability determinations.--
                    (A) In general.--The United States International 
                Trade Commission (hereafter in this subsection referred 
                to as the ``ITC'') is solely responsible for making 
                foreign availability determinations of goods and 
                technology under this Act. The ITC may undertake a 
                foreign availability assessment at any time upon its 
                own initiative, and shall undertake a foreign 
                availability assessment upon a written request by the 
                Secretary, or upon receipt of a written allegation 
                supported by reasonable evidence from the appropriate 
                industry advisory committee under section 6(d) or a 
                United States person that such availability exists.
                    (B) Notice requirements.--Whenever the ITC 
                undertakes a foreign availability assessment under this 
                subsection, the ITC shall publish notice of such 
                assessment in the Federal Register. Not later than 4 
                months after initiating such an assessment, the ITC 
                shall determine whether the foreign availability 
                exists, and shall submit for publication in the Federal 
                Register a notice of its determination, together with a 
                concise statement of the basis for its determination. 
                The ITC shall also forward a written notice of its 
                determination to the Secretary.
                    (C) Action by the secretary.--Not later than 30 
                days after receipt of a determination by the ITC that 
                foreign availability exists with respect to a 
                commercial good or technology, the Secretary shall 
                either--
                            (i) eliminate controls under this Act on 
                        such commercial good or technology and publish 
                        a notice of such action in the Federal 
                        Register;
                            (ii) in the case of a commercial good or 
                        technology controlled under the terms of export 
                        control regime, propose the elimination of 
                        controls on such commercial good or technology 
                        in accordance with the procedures of such 
                        regime and publish a notice of such proposal in 
                        the Federal Register; or
                            (iii) in any case in which the President 
                        determines that controls under this Act must be 
                        maintained notwithstanding the foreign 
                        availability because the absence of such 
                        controls would prove detrimental to the 
                        national security of the United States, publish 
                        a notice of that determination in the Federal 
                        Register, together with a concise statement of 
                        the basis for that determination and the 
                        estimated economic impact of the decision, and 
                        a statement that the applicable steps are being 
                        taken under paragraph (4).
            (4) Negotiations to eliminate foreign availability.--
                    (A) In general.--In any case in which export 
                controls are maintained on a commercial good or 
                technology notwithstanding foreign availability on 
                account of a determination by the President that the 
                absence of controls under this Act would prove 
                detrimental to the national security of the United 
                States, the Secretary shall actively pursue 
                negotiations with the governments of the countries 
                which are the sources of the good or technology for the 
                purpose of eliminating the foreign availability.
                    (B) Removal of controls.--If, not later than 6 
                months after the determination by the President 
                described in subparagraph (A), the foreign availability 
                of the good or technology has not been eliminated, the 
                Secretary shall remove export or reexport controls from 
                the good or technology under this Act and publish 
                notice of such action in the Federal Register.
                    (C) Effect of agreement.--After an agreement is 
                reached with a country pursuant to negotiations under 
                this paragraph to eliminate foreign availability of 
                commercial goods or technology, the Secretary may not 
                require a validated license under this Act for the 
                export of such commercial goods or technology to that 
                country.
            (5) 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 or the ITC and consistent with the 
        protection of intelligence sources and methods and safeguarding 
        of classified information, furnish information to the ITC 
        concerning foreign availability of goods and technology subject 
        to export controls under this Act. Each such department or 
        agency shall allow the ITC access to any such information from 
        a laboratory or other facility within such department or 
        agency.
            (6) Removal of controls on less sophisticated goods or 
        technology.--In any case in which export or reexport controls 
        are removed from commercial goods or technology under this 
        subsection, then such controls may not be imposed or maintained 
        on any similar commercial goods or technology whose function, 
        technological approach, performance thresholds, and other 
        attributes that form the basis for controls under this Act do 
        not exceed the technical parameters of the commercial goods or 
        technology from which the controls are removed under this 
        subsection.
            (7) Report of determinations and actions.--Not later than 
        10 days after any determination by the ITC under paragraph 
        (3)(B), or in the case of determination of the President under 
        paragraph (3)(C)(iii), not later than 10 days after the 
        initiation of negotiations under paragraph (4)(A), the 
        Secretary 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 setting forth a 
        detailed explanation of the determination of the ITC and the 
        determination of the President (if applicable), and the 
        implications of such determinations.

SEC. 4. NATIONAL SECURITY CONTROLS.

    (a) Authority.--
            (1) In general.--In order to carry out the policy set forth 
        in section 2(b)(7), the President may, in accordance with this 
        section, prohibit or curtail the export and reexport of any 
        commercial goods or technology subject to the jurisdiction of 
        the United States, if such goods and technology would--
                    (A) directly, substantially, and materially 
                contribute to the military capability of countries or 
                endusers posing a strategic threat to the United 
                States; or
                    (B) directly, substantially, and materially enable 
                a country or enduser to acquire the capability to 
                develop, produce, stockpile, use, or deliver weapons of 
                mass destruction.
            (2) Exercise of authority.--The authority granted by this 
        subsection shall be exercised by the Secretary, and shall be 
        implemented by means of export licenses issued by the 
        Secretary.
    (b) Security Control List.--
            (1) In general.--The Secretary shall establish and 
        maintain, as part of the control index established under 
        section 3(b), a security control list, comprised of all 
        commercial goods or technology on which export and reexport 
        controls are in effect under this section, and the countries or 
        endusers to which the controls apply. The security control list 
        shall clearly identify the specific commercial goods and 
        technology the export or reexport of which is controlled, and 
        each country and enduser to which such exports and reexports 
        are controlled. Such list shall be reviewed and updated at 
        least once every 12 months.
            (2) Controlled goods and technology.--Export or reexport 
        controls may be imposed under this section only on commercial 
        goods and technology that are controllable, only if the 
        controls would be effective in restricting the capabilities set 
        forth in subsection (a)(1), and only if--
                    (A) the export controls are imposed pursuant to an 
                export control regime, such as COCOM, the MTCR, the 
                Australia Group, the Nuclear Suppliers Group, or any 
                export control regime entered into by the United States 
                under subsection (d)(3); or
                    (B) in the absence of an applicable export control 
                regime, no foreign availability of such goods or 
                technology exists.
            (3) Designated countries and endusers.--In administering 
        export controls under this section, the Secretary shall, for 
        each good and technology listed on the security control list, 
        designate the specific countries and endusers for which export 
        licenses or reexport authorizations are required. These 
        countries and endusers may include only--
                    (A) controlled countries and controlled endusers; 
                and
                    (B) non-regime countries with respect to the export 
                control regime which controls the export of such good 
                and technology.
            (4) Controlled countries and endusers.--A country may be 
        designated a controlled country, and an enduser may be 
        designated a controlled enduser, with respect to a particular 
        good or technology on the security control list only if exports 
        of such good or technology to such country or enduser are 
        controlled cooperatively pursuant to the agreement of an export 
        control regime, and only if such country or enduser--
                    (A) has military capabilities, policies, or 
                activities which represent a direct strategic threat to 
                the national security of the members of the export 
                control regime; or
                    (B) is engaged in or is deliberately assisting 
                another controlled country or enduser in the design, 
                development, production, stockpiling, use, or delivery 
                of weapons of mass destruction.
            (5) Revision of designation of controlled countries and 
        endusers.--
                    (A) Controlled countries.--In any case in which a 
                controlled country--
                            (i) adopts military policies that represent 
                        a lesser strategic threat to members of the 
                        appropriate export control regime;
                            (ii) terminates efforts to acquire weapons 
                        of mass destruction and adopts policies 
                        consistent with international efforts to 
                        restrict the proliferation of weapons of mass 
                        destruction;
                            (iii) terminates activities that would 
                        assist the capabilities of other controlled 
                        countries in those activities described in 
                        paragraph (4)(B); or
                            (iv) agrees to adhere to policies and 
                        practices of the appropriate export control 
                        regime and implements an effective export 
                        control system;
                such that the reasons for its being designated a 
                controlled country cease to exist, the Secretary shall 
                propose to the appropriate export control regime to 
                remove the country's designation as a controlled 
                country. Upon the removal of such designation by the 
                export control regime, the Secretary shall, with 
                respect to the commercial goods and technology which 
                are controlled under this section pursuant to the 
                agreement of that regime, change the designation of the 
                country on the security control list from a controlled 
                country to a non-regime country. If the country also 
                agrees to participate in or be a cooperating country 
                with respect to the export control regime, the 
                Secretary shall remove such country from the security 
                control list.
                    (B) Controlled endusers.--In any case in which a 
                controlled enduser--
                            (i) ceases to engage in the design, 
                        development, production, stockpiling, use, or 
                        delivery of weapons of mass destruction; or
                            (ii) terminates activities that would 
                        assist the capabilities of controlled countries 
                        in those activities described in paragraph 
                        (4)(B);
                such that the reasons for its being designated a 
                controlled enduser cease to exist, the Secretary shall 
                propose to the appropriate export control regime to 
                remove the enduser's designation as a controlled 
                enduser. Upon the removal of such designation by the 
                export control regime, the Secretary shall, with 
                respect to the commercial goods and technology which 
                are controlled under this section pursuant to agreement 
                of that regime, remove that enduser from the security 
                control list.
    (c) Export Licensing Policies For Designated Countries and 
Controlled Endusers.--
            (1) Exports to controlled countries and endusers.--
                    (A) In general.--Except as provided in subsection 
                (d)(5), the Secretary shall require authority or 
                permission to export or reexport goods and technology 
                on the security control list to controlled countries 
                and controlled endusers.
                    (B) Presumption of denial for controlled 
                endusers.--Exports and reexports to controlled endusers 
                in controlled countries of goods or technology on which 
                controls are in effect under this section shall carry a 
                presumption of denial if such requirement is the policy 
                of the export control regime controlling the goods or 
                technology. In the negotiations required by subsection 
                (d)(1), the Secretary shall seek agreement on such a 
                policy by every export control regime.
                    (C) Case-by-case review for other endusers.--
                Exports and reexports to endusers, other than 
                controlled endusers, in controlled countries of goods 
                or technology on which controls are in effect under 
                this section shall be subject to case-by-case license 
                review by the Secretary and shall be submitted for 
                multilateral review if required by the export control 
                regime controlling the goods or technology.
            (2) Exports to non-regime countries.--
                    (A) In general.--Except as provided in subsection 
                (d)(5), the Secretary may, in his or her discretion, 
                require authority or permission to export or reexport 
                to endusers in non-regime countries goods or technology 
                on which controls are in effect under this section if--
                            (i) such requirement is the policy of the 
                        export control regime controlling the goods or 
                        technology, for exports of such goods and 
                        technology to non-regime countries; and
                            (ii) the Secretary has determined that the 
                        unrestricted export of such goods or technology 
                        to such non-regime country would directly, 
                        substantially, and materially contribute to the 
                        military capability of a controlled country or 
                        enduser described in subsection (a)(1)(A), or 
                        to the capability of a controlled country or 
                        enduser described in subsection (a)(1)(B), 
                        through the threat of diversion or other means.
                    (B) Exception.--Notwithstanding clause (i) of 
                subparagraph (A), for a period of 18 months beginning 
                on the effective date of this Act, the Secretary may 
                require a license for the export or reexport to any 
                non-regime country of any good or technology controlled 
                under subsection (b)(2). During such period, the 
                Secretary shall engage in negotiations with other 
                members of the export control regime controlling the 
                good or technology for the purpose of developing a 
                common list of controlled countries and controlled 
                endusers, and a common policy on exports to non-regime 
                countries. After the end of such 18-month period, 
                export controls on such good or technology may be 
                imposed only under subparagraph (A) or under section 5.
                    (C) Licensing treatment.--(i) Exports and reexports 
                to non-regime countries of goods and technology on 
                which controls are in effect under this section shall 
                be considered on a national discretion basis.
                    (ii) Exports to endusers in non-regime countries 
                other than controlled endusers shall carry a 
                presumption of approval.
                    (iii) Exports to controlled endusers in non-regime 
                countries shall be reviewed on a case-by-case basis and 
                shall be submitted for multilateral review if required 
                by the export control regime controlling the good or 
                technology.
                    (iv) The Secretary shall pursue negotiations with 
                countries participating in export control regimes to 
                achieve a consistent and effective multilateral 
                approach to exports to non-regime countries.
                    (D) Negotiations to enhance cooperation.--The 
                Secretary shall pursue negotiations with non-regime 
                countries regarding their cooperation in restricting 
                the export of goods and technology consistent with the 
                purposes of those export control regimes controlling 
                such exports. The goal of such negotiations shall be to 
                produce agreements with such countries under which such 
                countries impose export restrictions consistent with 
                the objectives set forth in subsection (d)(1).
                    (E) Review of agreements.--The Secretary shall 
                review annually any agreement reached pursuant to 
                subparagraph (D). If the Secretary determines that a 
                country is not adhering to the terms of such an 
                agreement with the United States, the Secretary may 
                restrict or eliminate any preferential licensing 
                treatment for exports to that country provided under 
                the agreement and shall notify other members of the 
                appropriate export control regime of such action.
                    (F) Sanctions.--If the Secretary determines that a 
                non-regime country or an enduser in a non-regime 
                country is exporting to a controlled country or 
                controlled enduser goods or technology on which 
                controls are in effect under this section, the 
                Secretary may--
                            (i) suspend favorable licensing treatment 
                        for such goods and technology to such non-
                        regime country or enduser in a non-regime 
                        country;
                            (ii) propose to the other members of the 
                        export control regime controlling the goods or 
                        technology the suspension of favorable 
                        licensing treatment of the goods and technology 
                        to such non-regime country or enduser by all 
                        members of the regime; and
                            (iii) consider applying United States 
                        sanctions pursuant to section 8(d) to such non-
                        regime country or enduser.
    (d) Export Control Regimes and Licensing Policies.--
            (1) In general.--For the purposes of creating effective 
        multilateral export controls and strengthening the controls 
        imposed by export control regimes, the Secretary shall, with 
        respect to each export control regime, pursue negotiations with 
        other members of such regime to accomplish the following 
        objectives:
                    (A) No license requirement for exports and 
                reexports among members of the regime and to countries 
                who are cooperating countries with respect to the 
                regime.
                    (B) Development of a common list of goods and 
                technology to which export controls are applied, and a 
                common list of countries and endusers to which exports 
                are controlled, by members of the regime.
                    (C) Agreement on the same treatment, to be applied 
                by all members of the regime, of exports and reexports 
                to members of the regime cooperating countries, and 
                non-regime countries, which could include multilateral 
                review of exports to controlled countries and 
                controlled endusers and multilateral sanctions to be 
                applied to such countries and endusers, or to members 
                of the regime and cooperating countries who violate 
                export controls imposed by the regime.
                    (D) National procedures resulting in comparable 
                implementation and enforcement of export controls among 
                the members of the regime, including laws providing 
                appropriate civil and criminal penalties and statutes 
                of limitations sufficient to deter potential 
                violations.
                    (E) 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 for dissemination 
                to exporters in participating countries.
                    (F) Establishment of procedures for regular 
                consultation among members of the regime on proposed 
                export license applications that includes consultation 
                with individuals with sufficient technical expertise to 
                assess the licensing status of exports and to ensure 
                the reliability of endusers.
                    (G) Development of common 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.
                    (H) Development of a common system of export 
                control documentation to verify the movement of goods 
                and technology.
                    (I) Establishment of procedures for the 
                coordination and exchange of information concerning 
                violations of controls agreed to by the regime.
                    (J) Establishment of procedures for the 
                coordination and sharing of intelligence information on 
                controlled countries and controlled endusers.
            (2) Certification of multilateral export control regimes.--
                    (A) When the Secretary determines that an existing 
                export control regime has met the objectives set forth 
                in paragraph (1), the Secretary shall certify such 
                determination and publish such certification in the 
                Federal Register, and exports to all countries adhering 
                to that regime shall be subject to the licensing 
                treatment set forth in paragraph (5).
                    (B) COCOM shall be considered to have met the 
                objectives set forth in paragraph (1).
            (3) New export control regimes.--No new export control 
        regime shall be entered into by the United States until the 
        President has submitted to the appropriate committees in the 
        House of Representatives and the Senate and published in the 
        Federal Register, at least 90 days before the new regime 
        becomes effective, a report--
                    (A) certifying that the members of the new regime 
                represent all significant sources of supply for the 
                goods and technology which are to be controlled by the 
                regime;
                    (B) specifying the list of goods and technology to 
                be controlled cooperatively by members of the regime 
                and the destinations to which such goods and technology 
                are to be controlled; and
                    (C) certifying that such goods and technology are 
                controllable and that licensing their export would be 
                effective in restricting the capabilities set forth in 
                subsection (a)(1)(A) or (B).
            (4) Formalization of regime controls.-- The Secretary shall 
        pursue efforts to consolidate and formalize existing export 
        control regimes, such as COCOM, the MTCR, the Australia Group, 
        and the Nuclear Suppliers Group, into a single, new, 
        multilateral entity for the coordination of export controls. 
        Until such new entity is formed, the Secretary shall also 
        pursue efforts to rationalize export controls among the 
        existing export control regimes, especially with respect to 
        coordinating the performance and other identifying 
        characteristics of goods and technologies which are controlled 
        under such regimes.
            (5) Export licensing policies to countries participating in 
        or cooperating with export control regimes.--
                    (A) Favorable licensing treatment.-- Except as 
                otherwise required by the Atomic Energy Act of 1954, if 
                an export control regime is certified under paragraph 
                (2), no authority or permission may be required for 
                exports or reexports of goods and technology controlled 
                by such regime to or from members of the regime or 
                cooperating countries with respect to such regime.
                    (B) Exemption from sanctions.--Sanctions for 
                violations of export controls may not be imposed under 
                section 8(d) on foreign persons who are nationals of 
                countries that are members of an export control regime 
                certified under paragraph (2) or cooperating countries 
                with respect to such regime, to the extent provided in 
                section 8(d)(5).
                    (C) Exception.--If the Secretary determines that a 
                member of an export control regime certified under 
                paragraph (2), a cooperating country with respect to 
                such regime, or an enduser in a country that is such a 
                regime member or in such a cooperating country is 
                engaging in a pattern and practice of noncompliance 
                with controls agreed to by the regime, the Secretary 
                shall seek a similar determination by the other members 
                of the regime concerning such noncompliance. If such a 
                determination is made, the Secretary shall propose the 
                suspension of favorable licensing treatment of exports 
                and reexports to that noncomplying regime member, 
                cooperating country, or enduser by all members of the 
                regime during the period in which that determination is 
                in effect.
                    (D) New members.--When a country that is not a 
                member of an export control regime certified under 
                paragraph (2) agrees to the objectives and procedures 
                of such regime and has become a member of that regime, 
                the Secretary shall certify that this new member is 
                eligible for the licensing treatment set forth in this 
                paragraph, and shall publish such certification in the 
                Federal Register.
            (6) Transition period to certified export control 
        regimes.--For a period of 18 months beginning on the effective 
        date of this Act, the Secretary shall apply the licensing 
        policies set forth in paragraph (5) to all countries who 
        participate in or are cooperating countries with respect to an 
        export control regime even if the Secretary has not certified 
        the regime under paragraph (2). After the expiration of such 
        18-month period, if the Secretary fails to certify an export 
        control regime under paragraph (2), the Secretary may--
                    (A) continue to apply the licensing policies set 
                forth in paragraph (5) if the negotiations prescribed 
                in paragraph (1) continue; or
                    (B) require authority or permission to export or 
                reexport goods or technology on which controls are in 
                effect under this section to any country that 
                participates in or is a cooperating country with 
                respect to such export control regime.

SEC. 5. EMERGENCY CONTROLS.

    (a) Authority.--
            (1) In general.--In order to carry out the policy set forth 
        in section 2(b)(6), the President may, in accordance with this 
        section, prohibit or curtail the export and reexport of any 
        commercial goods or technology subject to the jurisdiction of 
        the United States to any country or enduser. The authority to 
        impose controls under this subsection shall be exercised by the 
        Secretary, in consultation with other members of the Commercial 
        Export Control Policy Committee established under section 6(b), 
        and shall be implemented by means of export licenses issued by 
        the Secretary.
            (2) Expiration of authority.--
                    (A) In general.--Any emergency controls imposed 
                under this section shall expire 180 days after they are 
                imposed, unless they are terminated earlier by the 
                President, or unless they are extended, adopted as 
                national security controls under section 4, or included 
                in a total embargo described in subsection (b)(2) that 
                is imposed by the President under the International 
                Emergency Economic Powers Act, the Trading with the 
                Enemy Act or other provision of law other than this 
                Act, on all exports and imports to a country. Any 
                extension or subsequent extension of the emergency 
                controls shall be for a period of not more than 180 
                days each.
                    (B) Exception for multilateral agreements.--
                Subparagraph (A) shall not apply to controls imposed by 
                the President in order to fulfill obligations of the 
                United States pursuant to a treaty to which the United 
                States is a party or pursuant to an agreement to impose 
                such controls multilaterally by the United Nations or 
                similar international or regional organization of which 
                the United States is a member. If such a treaty or 
                agreement ceases to be in effect, emergency controls 
                imposed by the President pursuant to such treaty or 
                agreement shall immediately cease to be in effect.
            (3) Criteria.--The President may impose emergency controls 
        under this section only if the President--
                    (A) determines that the emergency controls are a 
                necessary and appropriate policy response to an 
                immediate and extraordinary threat to the national 
                security or foreign policy of the United States;
                    (B) determines that no other alternative means can 
                achieve the national security or foreign policy 
                objectives of the United States within a reasonable 
                time frame;
                    (C) determines that the emergency controls can 
                reasonably be expected to achieve the intended 
                objective within 180 days after being imposed, after 
                having taken into consideration other factors, 
                including the availability from one or more countries 
                of comparable goods and technology to those on which 
                the controls are imposed;
                    (D) determines that the United States has the 
                ability to enforce all aspects of the proposed 
                emergency controls effectively;
                    (E) determines that a period of time of not more 
                than 180 days is necessary for the United States to 
                obtain the agreement of other countries to adopt such 
                controls so that such controls may be imposed under 
                section 4;
                    (F) commences, through the Secretary, within 10 
                days after the imposition of the emergency controls, 
                negotiations with other countries to adopt the 
                emergency controls so that such controls may be imposed 
                under section 4, unless such emergency controls are 
                imposed under paragraph (2)(B); and
                    (G) consults with the Congress and submits the 
                necessary report under paragraph (4).
            (4) Required consultations.--
                    (A) In general.--The President may impose emergency 
                controls under this section only after consultation 
                with industry under subparagraph (C), foreign countries 
                under subparagraph (D), and 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.
                    (B) Limitation.--The President may not impose 
                emergency controls under this section until the 
                President has submitted to the Congress and published 
                in the Federal Register a report--
                            (i) specifying the purpose of the controls;
                            (ii) specifying the determinations of the 
                        President with respect to each of the criteria 
                        set forth in paragraph (3), the bases for such 
                        determinations, and the adverse national 
                        security, foreign policy, and economic 
                        consequences of the controls;
                            (iii) containing an analysis identifying 
                        those commercial goods and technology which 
                        must be controlled in order to achieve the 
                        intended purpose of the emergency controls, and 
                        describing the reasons for selecting such 
                        items;
                            (iv) describing the nature, subjects, and 
                        plans for the negotiations with other countries 
                        required by paragraph (3)(F);
                            (v) containing a thorough assessment of the 
                        foreign availability of the commercial goods 
                        and technology proposed for control;
                            (vi) containing an analysis, based on past 
                        experience with emergency controls and based 
                        upon information on foreign availability, of 
                        the extent to which the emergency controls will 
                        be effective in achieving the intended purpose;
                            (vii) incorporating an evaluation of the 
                        impact of the controls on the export 
                        performance of the United States, on the 
                        competitive position of the United States and 
                        United States industry in the international 
                        economy, on the international reputation of the 
                        United States as a reliable supplier of goods 
                        and technology, on the economic well-being of 
                        individual United States companies and their 
                        employees and shareholders, their foreign 
                        investments, and their joint ventures, and on 
                        public health and safety;
                            (viii) specifying that the President has 
                        determined that the emergency controls can be 
                        expected to achieve the intended purpose with 
                        reasonable certainty within 180 days after 
                        being imposed;
                            (ix) indicating the nature and results of 
                        the alternative means attempted under paragraph 
                        (3)(B);
                            (x) describing the results of the 
                        consultations with industry required by 
                        subparagraph (C) and with other countries 
                        required by subparagraph (D); and
                            (xi) describing the views of the President 
                        regarding the likelihood that all other 
                        countries representing a source of supply of 
                        the goods or technology on which the controls 
                        are imposed will be willing to impose 
                        comparable controls promptly.
                    (C) Consultation with industry.--The Secretary 
                shall consult with and seek advice from affected United 
                States industries and the appropriate industry advisory 
                committees established under section 6(d) before 
                imposing emergency controls under this section. Such 
                consultation and advice shall be with respect to the 
                matters described in subparagraph (B), and such other 
                matters as the Secretary considers appropriate.
                    (D) Consultation with other countries.--Before 
                imposing emergency controls under this section, the 
                President shall consult with such other countries as 
                the President considers appropriate with respect to the 
                proposed controls, including other countries that 
                represent a significant source of supply of goods and 
                technology proposed for the controls. Pursuant to 
                paragraph (3)(F), the President shall, within 10 days 
                after imposing emergency controls, initiate 
                negotiations with other supplier countries of goods and 
                technology on which the controls are imposed, and other 
                countries as the President considers appropriate, with 
                respect to adopting the controls so that the controls 
                may be imposed under section 4.
                    (E) Confidentiality.--To the extent necessary to 
                further the effectiveness of the emergency controls, 
                portions of the report required by subparagraph (B) may 
                be submitted to the Congress on a classified basis, and 
                shall be subject to the provisions of section 3(f), but 
                a non-classified version of such report shall be 
                simultaneously made available to the public. Each such 
                report shall, at the time it is submitted to the 
                Congress, also be submitted to the Comptroller General, 
                who shall assess the report's full compliance with the 
                purposes of this subsection.
            (5) Emergency control list.--The Secretary shall establish 
        and maintain, as part of the control index, a list comprised of 
        any commercial goods and technology on which emergency controls 
        are in effect under this section and, for each item on the 
        list, the specific countries or endusers to which the controls 
        apply. In addition to clearly identifying which commercial 
        goods or technology are subject to emergency controls to which 
        specific countries or endusers, the list shall also indicate 
        when such controls are due to expire. Such list shall be 
        reviewed and updated every 6 months for the purpose of making 
        such revisions as are necessary in order to carry out this 
        section.
    (b) Procedures and Limitations on Emergency Controls.--
            (1) In general.--Not later than the end of the 180-day 
        period after emergency controls are imposed under subsection 
        (a), the President shall--
                    (A) terminate the emergency controls;
                    (B) adopt the emergency controls as national 
                security controls under section 4;
                    (C) include the emergency controls in an embargo 
                described in paragraph (2) on all exports and imports 
                that are imposed under the International Emergency 
                Economic Powers Act, the Trading with the Enemy Act, or 
                other provision of law; or
                    (D) extend the emergency controls under subsection 
                (c).
            (2) Imposition of an embargo.--An embargo under paragraph 
        (1)(C) shall include the prohibition of all exports to and 
        imports from the country against which the controls under this 
        section were imposed, except as provided in section 7(b)(6).
            (3) Cessation of emergency controls.--
                    (A) In general.-- Emergency controls imposed under 
                this section on goods or technology shall cease to be 
                in effect immediately upon--
                            (i) the imposition of national security 
                        controls under section 4 on the same goods and 
                        technology to the country or enduser with 
                        respect to which the emergency controls were 
                        imposed; or
                            (ii) the imposition, under the 
                        International Emergency Economic Powers Act, 
                        the Trading with the Enemy Act, or other 
                        provision of law, of an embargo described in 
                        paragraph (2).
                    (B) Conversion to multilateral agreements.--If the 
                President imposes emergency controls on goods or 
                technology to a country or enduser under this section 
                in order to fulfill obligations of the United States 
                pursuant to a treaty to which the United States is a 
                party, or pursuant to an agreement to impose such 
                controls multilaterally by an international 
                organization of which the United States is a member, 
                any emergency controls imposed prior thereto under this 
                section on the same goods or technology to the same 
                country or enduser shall immediately cease to be in 
                effect.
            (4) Limitations on reimposition.--Emergency controls which 
        have ceased to be in effect under paragraph (3) or subsection 
        (a)(2), and which have not been extended under subsection (c), 
        may not be reimposed by the President under subsection (a) for 
        a period of 1 year beginning on the date on which the original 
        controls expire.
    (c) Extension of Emergency Controls.--
            (1) Report.--If the President decides to extend emergency 
        controls imposed under subsection (a), which are due to expire 
        under subsection (a)(2), the President shall, not later than 60 
        calendar days before the expiration of such controls, transmit 
        to the Congress a report on the proposed extension, setting 
        forth the reasons for the proposed extension in detail and 
        specifying the period of time, which may not exceed 180 days, 
        for which the controls are proposed to be extended. In 
        particular, such report shall specify in detail--
                    (A) the determinations of the President with 
                respect to each of the criteria set forth in subsection 
                (a)(3);
                    (B) the reasons why negotiations required under 
                subsection (a)(3)(F) failed to result in the adoption 
                of the emergency controls under section 4, and the 
                reasonable period of time the President expects will be 
                required to successfully conclude such negotiations;
                    (C) the reasons why a total embargo on all exports 
                and imports is not presently justified to achieve the 
                national security or foreign policy objectives of the 
                United States; and
                    (D) information on each of the items set forth in 
                subsection (a)(4)(B).
            (2) Consideration of extension.--If the Congress, not later 
        than 60 calendar days after the date of its receipt of the 
        report under paragraph (1), adopts a joint resolution pursuant 
        to paragraph (3) approving the extension of the emergency 
        controls, then such emergency controls shall remain in effect 
        for the period specified in the report or until terminated by 
        the President, whichever occurs first, but in no case longer 
        than 180 days after the date on which the controls would 
        otherwise expire under subsection (a)(2). If the Congress, 
        within 60 calendar days after the date of its receipt of such 
        report, fails to adopt a joint resolution approving the 
        extension of such controls, then such controls shall cease to 
        be effective upon the expiration of that 60-day period.
            (3) Joint resolutions.--
                    (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 5(c) 
                of the Commercial Export Administration Act of 1993, 
                the President may extend emergency 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 (1), a joint resolution with 
                respect to the extension of controls specified in such 
                report shall be introduced (by request) in the House of 
                Representatives by the chairman of the Committee on 
                Foreign Affairs, for the chairman 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 the minority leader of the Senate. If either House 
                of Congress 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 for in the 
                preceding sentence, on the first day thereafter on 
                which that House is in session.
                    (C) Committee referrals.--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.--If the committee of either House to 
                which a joint resolution has been referred has not 
                reported the joint resolution by the end of 30 calendar 
                days after its referral, the committee shall be 
                discharged from further consideration of the joint 
                resolution or of any other joint resolution introduced 
                with respect to the same matter.
                    (E) Consideration.--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. For the purpose of expediting the 
                consideration and passage of joint resolutions reported 
                or discharged under this paragraph, 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) Duplicative resolutions.--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 with 
                respect to the same matter from the other House, then--
                            (i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; and
                            (ii) the vote on final passage shall be on 
                        the joint resolution of the other House.
                    (4) Renewal of controls.--If, upon the expiration 
                of the emergency controls extended under this 
                subsection, the President determines that a further 
                extension of emergency controls for an additional 
                period of time of not more than 180 calendar days is 
                necessary, paragraphs (1) through (3) shall apply to 
                such further extension.
    ``(d) Effect on Other Authority.--
            ``(1) Embargo authority.--Nothing in this section shall be 
        construed to limit the authority of the President to impose an 
        embargo on all exports to, and imports from, a specific country 
        (except for exports of goods described in subparagraphs (A) and 
        (B) of section 7(b)(6)) under the International Emergency 
        Economic Powers Act, the Trading With the Enemy Act, or other 
        provision of law. In any case in which the President exercises 
        any such authority to impose an embargo, the requirements of 
        this section shall not apply for so long as such embargo is in 
        effect.
            (2) Effect on existing embargoes.--(A) Nothing in this 
        section affects the authorities conferred upon the President by 
        section 5(b) of the Trading With the Enemy Act, which were 
        being exercised with respect to a country on July 1, 1977, as a 
        result of a national emergency declared by the President before 
        that date, and are being exercised on the date of the enactment 
        of this Act.
            (B) Nothing in this section affects the authorities 
        conferred upon the President by the International Emergency 
        Economic Powers Act or other provision of law, which were being 
        exercised with respect to a country before the date of the 
        enactment of this Act as a result of a national emergency 
        declared by the President before that date, and are being 
        exercised with respect to such country on such date of 
        enactment.

SEC. 6. EXPORT CONTROL AUTHORITIES.

    (a) Export Control Authority and Functions.--
            (1) In general.--Unless otherwise reserved to the President 
        or a department or agency outside the Department of Commerce, 
        all power, authority, and discretion conferred by this Act 
        shall be exercised by the Secretary. The Secretary is 
        responsible for all export control functions required by this 
        Act, subject to subsection (d) of this section.
            (2) Delegation.--The Secretary may delegate any export 
        control function under this Act to the Director of the 
        Commercial Export Control Administration appointed under 
        subsection (c), or to any other officer of the Department of 
        Commerce.
            (3) Transfer of licensing and regulatory functions.--In 
        addition to the authorities and responsibilities otherwise 
        provided for in this Act, there are hereby transferred to the 
        Secretary the following functions.
                    (A) Transfers from the department of treasury.--
                There are hereby transferred to the Secretary all 
                export control and licensing authorities and functions 
                with respect to commercial goods and technology, and 
                related services, exercised by the Office of Foreign 
                Assets Control of the Department of the Treasury, 
                before the effective date of this Act, under--
                            (i) the International Emergency Economic 
                        Powers Act;
                            (ii) the Trading With the Enemy Act;
                            (iii) section 504 of the International 
                        Security Development and Cooperation Act of 
                        1985 (22 U.S.C. 2349aa-8);
                            (iv) the United Nations Participation Act;
                            (v) the Comprehensive Anti-Apartheid Act of 
                        1986; and
                            (vi) any other provision of law which 
                        authorizes the imposition by the United States 
                        of embargoes or economic sanctions against 
                        foreign countries.
                    (B) Transfers from the nuclear regulatory 
                commission.--There are hereby transferred to the 
                Secretary all export control and licensing authorities 
                and functions to the extent such functions apply to 
                commercial goods and technology of the Nuclear 
                Regulatory Commission under--
                            (i) the Atomic Energy Act of 1954;
                            (ii) the Nuclear Non-Proliferation Act of 
                        1978; and
                            (iii) the Energy Reorganization Act of 
                        1974.
                    (C) Transfers from the secretary of energy.--There 
                are hereby transferred to the Secretary all authorities 
                and functions which are exercised by the Secretary of 
                Energy, before the effective date of this Act, under--
                            (i) section 131 of the Atomic Energy Act of 
                        1954, relating to the entry into subsequent 
                        arrangements; and
                            (ii) section 402(a) of the Nuclear Non-
                        Proliferation Act of 1978, relating to approval 
                        of enrichment after export of source material 
                        or special nuclear material.
                    (D) Miscellaneous transfers.--There are hereby 
                transferred to the Secretary such export licensing and 
                related regulatory functions and authorities not 
                specifically or otherwise vested or delegated by 
                statute, as the Secretary, in consultation with the 
                Director of the Office of Management and Budget, 
                determines to be appropriate.
                    (E) Incidental transfers.--The Director of the 
                Office of Management and Budget, in consultation with 
                the Secretary, shall make such determinations as may be 
                necessary with regard to the transfer of functions 
                under this Act, to make such additional incidental 
                dispositions of assets, liabilities, contracts, 
                property, records, and unexpended balances of 
                appropriations, authorizations, allocations, and other 
                funds held, used, arising from, available to, or to be 
                made available in connection with the functions 
                transferred by this Act, as the Director considers 
                necessary to carry out this Act.
                    (F) Employee transfer provisions.--The Secretary, 
                in consultation with the head of any affected 
                department or agency and the Director of the Office of 
                Management and Budget, is authorized to transfer to the 
                Department of Commerce, or from the Department of 
                Commerce to another department or agency, any Federal 
                employees employed to carry out the licensing and 
                regulatory functions required by this Act. The 
                Secretary is authorized to exercise, with respect to 
                such transferred Federal employees, all authority 
                available to the head of the agency from which such 
                Federal employees are transferred. Such authority shall 
                include, but not be limited to, the authority to 
                prescribe regulations incident to the exercise of such 
                authority.
          (4) Presidential delegation of authority.--With respect to 
        those powers, authorities, or discretion reserved to the 
        President by this Act, the President may not delegate or 
        transfer such power, authority, or discretion to 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.
            (5) Exclusive jurisdiction of the secretary of energy.--The 
        Secretary of Energy shall have exclusive jurisdiction with 
        respect to the authorization under the first sentence of 
        section 57b. of the Atomic Energy Act of 1954, of all 
        activities constituting the direct or indirect engagement in 
        the production of special nuclear material outside the United 
        States. Nothing in this Act shall be construed to give the 
        Secretary dual or concurrent jurisdiction with the Secretary of 
        Energy with respect to such activities, including the export or 
        reexport of technology related to nuclear fuel cycle facilities 
        or activities, or to expand the jurisdiction that the Secretary 
        of Energy exercised under 57b. of the Atomic Energy Act of 1954 
        before the effective date of this Act.
    (b) Commercial Export Control Policy Committee.--
            (1) Establishment.--There is established a Commercial 
        Export Control Policy Committee.
            (2) Functions.--The Committee shall--
                    (A) provide policy guidance and advice to the 
                Secretary on commercial export control issues;
                    (B) review policy recommendations proposed by the 
                Secretary and other members of the Committee; and
                    (C) receive policy recommendations from other 
                agencies and resolve any policy disputes among 
                departments and agencies under this Act.
            (3) Membership.--The Committee shall be comprised of --
                    (A) the Secretary;
                    (B) the Secretary of Defense;
                    (C) the Secretary of Energy;
                    (D) the Secretary of State;
                    (E) the National Security Adviser;
                    (F) the National Economic Adviser; and
                    (G) the Director of the Commercial Export Control 
                Administration.
            (4) Chair.--The Committee shall be jointly chaired by the 
        National Economic Adviser and the National Security Adviser.
            (5) Delegation; other representatives.--A member of the 
        Committee under paragraph (3) may designate the deputy head of 
        his or her department or agency to serve in his or her absence 
        as a member of the Committee, but this authority may not be 
        delegated to any other individual. The Chairs may also invite 
        the temporary participation in the Committee's meetings of 
        representatives from other offices and agencies as appropriate 
        to the issues under consideration.
            (6) Meetings.--The Secretary or either Chair of the 
        Committee may call a meeting of the Committee. Meetings shall 
        not be subject to section 552b of title 5, United States Code.
    (c) The Commercial Export Control Administration.--
            (1) Establishment.--There is established in the Department 
        of Commerce the Commercial Export Control Administration. CECA 
        shall be the agency responsible for the implementation of 
        export controls imposed under this Act.
            (2) Principal officers.--
                    (A) Director.--There shall be at the head of CECA a 
                Director, who shall be appointed by the President, by 
                and with the advice and consent of the Senate. The 
                Director, under the supervision and direction of the 
                Secretary, shall perform such administrative and 
                executive functions as the Secretary shall delegate, 
                including--
                            (i) the formulation of United States export 
                        control and technology transfer policies with 
                        respect to commercial goods and technology;
                            (ii) the implementation of export control 
                        policies through the administration of licenses 
                        for exports and reexports of commercial goods 
                        and technology, and the enforcement of export 
                        controls, to the extent provided in this Act;
                            (iii) the establishment of the control 
                        index, and the development of proposals for 
                        revisions of export control lists of export 
                        control regimes;
                            (iv) the conduct of bilateral and 
                        multilateral negotiations relating to export 
                        controls of export control regimes and 
                        emergency controls under section 5;
                            (v) the distribution of duties among the 
                        personnel, administrative units, and offices of 
                        CECA; and
                            (vi) such other matters as the Secretary 
                        may specify.
                    (B) Deputy director.--The Director shall be 
                assisted by a Deputy Director, who shall be appointed 
                by the President, by and with the advice and consent of 
                the Senate. The Deputy Director shall supervise and 
                coordinate the operations of CECA.
                    (C) Assistant director for export control.--The 
                Assistant Director for Export Control of CECA shall 
                assist the Director and shall carry out CECA's 
                responsibilities with respect to--
                            (i) processing export license applications;
                            (ii) emergency control policies;
                            (iii) the review and revision of the 
                        control index;
                            (iv) foreign availability determinations 
                        under section 3(g);
                            (v) requests by exporters for the 
                        classification of commodities on the control 
                        index;
                            (vi) coordinating the activities of the 
                        industry advisory committees appointed under 
                        subsection (d);
                            (vii) export control functions and 
                        responsibilities transferred under subsection 
                        (a)(3); and
                            (viii) such other matters as the Director 
                        may specify.
                    (D) Assistant director for nonproliferation.--The 
                Assistant Director for Nonproliferation of CECA shall 
                carry out CECA's responsibilities with respect to 
                policy development on--
                            (i) export and reexport controls under the 
                        MTCR;
                            (ii) chemical and biological weapons export 
                        and reexport controls imposed pursuant to the 
                        agreement of the Australia Group;
                            (iii) export and reexport controls on goods 
                        and technology imposed pursuant to section 
                        309(c) of the Nuclear Non-Proliferation Act of 
                        1978, and proliferation issues of the Nuclear 
                        Suppliers Group;
                            (iv) the designation of controlled 
                        countries and controlled endusers for purposes 
                        of restricting the capabilities described in 
                        section 4(a)(1)(B); and
                            (v) such other matters as the Director may 
                        specify.
                    (E) Assistant director for security and 
                intelligence.--The Assistant Director for Security and 
                Intelligence of CECA shall carry out CECA's 
                responsibilities with respect to--
                            (i) coordination and liaison with the 
                        Department of Defense, the Armed Forces of the 
                        United States, and the intelligence community;
                            (ii) development and maintenance of 
                        information on enduser reliability, including 
                        conducting outside the United States prelicense 
                        investigations and post-shipment verifications 
                        of items licensed for export; and
                            (iii) such other matters as the Director 
                        may specify.
                    (F) Assistant director for enforcement and 
                compliance.--The Assistant Director for Enforcement and 
                Compliance of CECA shall carry out CECA's 
                responsibilities with respect to--
                            (i) the enforcement and compliance duties 
                        of CECA, as provided in subsection (e); and
                            (ii) coordination with the Commissioner of 
                        Customs in the enforcement of this Act.
                    (G) Chief negotiator.--The Chief Negotiator of CECA 
                shall hold the rank of ambassador, and shall be 
                responsible for the development, coordination, and 
                conduct of all negotiations regarding export control 
                regimes, including negotiations related to COCOM, the 
                Australia Group, the Nuclear Suppliers Group, and the 
                MTCR, negotiations described in section 4(c)(2)(D), and 
                negotiations required under section 5 regarding 
                emergency controls.
                    (H) Appointments.--The officers described in 
                subparagraphs (C), (D), (E), (F), and (G) shall each be 
                appointed by the President, by and with the advice and 
                consent of the Senate.
    (d) Industry Advisory Committees.--
            (1) Technical advice and support.--
                    (A) In general.--Upon written request by 
                representatives of a substantial segment of any 
                industry that produces goods or technology subject to 
                export controls under this Act, the Secretary shall 
                appoint an industry advisory committee for any such 
                goods or technology that the Secretary determines are 
                difficult to evaluate because of questions concerning 
                technical matters, worldwide availability and actual 
                utilization of goods and technology, or licensing 
                procedures.
                    (B) Composition.--Each such committee shall consist 
                of representatives of United States industry and the 
                United States Government. No person serving on any such 
                committee who is a representative of industry shall 
                serve on such committee for more than 4 consecutive 
                years.
                    (C) Consultation.--The Secretary and the Committee 
                shall consult with appropriate industry advisory 
                committees with respect to questions involving--
                            (i) technical matters, including licensing 
                        procedures;
                            (ii) worldwide availability and utilization 
                        of controlled goods and technology;
                            (iii) revisions of the control index, 
                        including proposed revisions of export control 
                        regime agreements;
                            (iv) the issuance of regulations;
                            (v) gathering of information from industry 
                        on illegal sales and diversion of technology in 
                        furtherance of the enforcement of this Act; and
                            (vi) any other questions that the Secretary 
                        considers appropriate.
                Members of the public shall be given a reasonable 
                opportunity, under regulations prescribed by the 
                Secretary, to present evidence to any industry advisory 
                committee.
                    (D) Multilateral negotiations.--The Secretary may 
                include industry representatives from appropriate 
                industry advisory committees in the United States 
                delegations to export control regime negotiations.
                    (E) Expenses.--Upon the request of any member of an 
                industry advisory committee, the Secretary may 
                reimburse such member for travel, subsistence, and 
                other necessary expenses incurred by such member in 
                connection with the duties of such member on such 
                committee.
                    (F) Chairperson; meetings.--Each industry advisory 
                committee shall elect a chairperson (who may not be an 
                officer or employee of the United States Government), 
                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 such a meeting is not necessary to achieve the 
                purposes of this subsection.
                    (G) Duration.--Each industry advisory committee 
                shall be terminated after a period of 2 years, unless 
                extended by the Secretary for one additional 2-year 
                period.
                    (H) Agency disclosures.--The Secretary, in 
                conjunction with other departments and agencies 
                participating in the administration of this Act, shall 
                disclose to each industry advisory committee adequate 
                information, consistent with national security, 
                necessary for such committee to discharge its duties.
                    (I) Certification of foreign availability.--If an 
                industry advisory committee certifies to the Secretary 
                that any of the goods or technology with respect to 
                which such committee was appointed meet the foreign 
                availability requirements of section 3(g), the 
                Secretary shall refer the matter to the International 
                Trade Commission which shall make a foreign 
                availability assessment of such goods or technology 
                under such section and shall submit a report on such 
                foreign availability to the industry advisory committee 
                and the Secretary.
            (2) Policy advice.--The Secretary shall appoint a group of 
        knowledgeable individuals from businesses affected by export 
        controls to provide advice to the Secretary and the Committee 
        on export control policy issues. The chairperson of such group 
        may not be a member of the Committee, but shall represent 
        industry advisory committees regarding review of control lists 
        and export control regime proposals.
    (e) Enforcement Authority.--
            (1) General authorities shared by commerce and customs.--To 
        the extent necessary or appropriate to the enforcement of this 
        Act or to the imposition of any penalty, forfeiture, or 
        liability arising under this Act, the Secretary and the 
        Commissioner of Customs (and officers or employees specifically 
        designated by either the Secretary or the Commissioner) may--
                    (A) require reports or the keeping of records by 
                any person;
                    (B) take the sworn testimony of any person;
                    (C) administer oaths or affirmations; and
                    (D) by subpoena, require any person to appear and 
                testify or to appear and produce books, records, and 
                other writings, or both, and to inspect the books, 
                records and other writings, premises, or property of 
                any person.
        In the case of contumacy by, or refusal to obey a subpoena 
        issued to any person under this paragraph, a district court of 
        the United States, after notice to any such person and a 
        hearing, shall have jurisdiction to issue an order requiring 
        such person to appear and give testimony 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.
            (2) Enforcement authority of the department of commerce.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall have the responsibility for 
                investigations conducted within the United States in 
                the enforcement of this Act. In the enforcement of this 
                Act, the Secretary is authorized to search, detain 
                (after search), and seize goods or technology at those 
                places within the United States other than those ports 
                specified in paragraph (3)(A). The search, detention 
                (after search), or seizure of goods and technology at 
                those ports and places specified in paragraph (3)(A) 
                may be conducted by employees of the Department of 
                Commerce designated by the Secretary with the 
                concurrence of the Commissioner of Customs or a person 
                designated by the Commissioner.
                    (B) Other authorized actions.--The Secretary may 
                designate employees under the direction of the 
                Assistant Director for Enforcement and Compliance of 
                CECA, in carrying out enforcement authority under this 
                Act, to--
                            (i) execute any warrant or other process 
                        issued by a court or officer with competent 
                        jurisdiction with respect to the enforcement of 
                        this Act;
                            (ii) make arrests without warrant for any 
                        violation of this Act committed in his or her 
                        presence or view, 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 of this Act; and
                            (iii) carry firearms in carrying out any 
                        activity described in clause (i) or (ii).
            (3) Enforcement authority of the commissioner of customs.--
                    (A) In general.--Subject to subparagraph (B), the 
                United States Customs Service is authorized, in the 
                enforcement of this Act, to make investigations outside 
                of the United States, and to search, detain (after 
                search), and seize goods or technology at those ports 
                of entry to 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 the United States where the 
                Customs Service, pursuant to agreements or other 
                arrangements with other countries, is authorized to 
                perform enforcement activities.
                    (B) Other authorized actions.--An officer of the 
                United States Customs Service, in carrying out 
                enforcement authority under this Act, may--
                            (i) stop, search, and examine a vehicle, 
                        vessel, aircraft, or person on which or whom 
                        such officer has reasonable cause to suspect 
                        there are any goods or technology that has 
                        been, is being, or is about to be exported from 
                        the United States in violation of this Act;
                            (ii) search any package or container in 
                        which such officer has reasonable cause to 
                        suspect there are any goods or technology that 
                        has been, is being, or is about to be exported 
                        from the United States in violation of this 
                        Act;
                            (iii) detain (after search) or seize and 
                        secure for trial any goods or technology on or 
                        about such vehicle, vessel, aircraft, or 
                        person, or in such package or container, if 
                        such officer has probable cause to believe the 
                        goods or technology has been, is being, or is 
                        about to be exported from the United States in 
                        violation of this Act; and
                            (iv) make arrests without warrant for any 
                        violation of this Act committed in the 
                        officer's presence or view or if the officer 
                        has probable cause to believe that the person 
                        to be arrested has committed or is committing 
                        such a violation.
        The arrest authority conferred by clause (iv) is in addition to 
        any arrest authority provided under other laws.
            (4) Other enforcement provisions.--
                    (A) Referral of cases.--All cases involving 
                violations of this Act shall be referred to the 
                Secretary for purposes of determining civil penalties 
                and administrative sanctions under section 8, or to the 
                Attorney General for criminal action in accordance with 
                this Act.
                    (B) Publication of procedures.--The Secretary, with 
                the concurrence of the Secretary of the Treasury, shall 
                publish in the Federal Register procedures setting 
                forth, in accordance with this subsection, the 
                responsibilities of the Department of Commerce and the 
                United States Customs Service in the enforcement of 
                this Act.
                    (C) Information sharing.--The Secretary, with the 
                concurrence of the Secretary of the Treasury, may 
                publish procedures for the sharing of information in 
                accordance with section 3(g), and procedures for the 
                submission to the appropriate departments and agencies 
                by private persons of information relating to the 
                enforcement of this Act.
                    (D) References.--For purposes of this section, a 
                reference to the enforcement of this Act or to a 
                violation of this Act includes a reference to the 
                enforcement or a violation of any regulation, order, or 
                license issued under this Act.
            (5) Immunity.--No person shall be excused from complying 
        with any requirements under this section because of an 
        assertion of a privilege against self-incrimination, but the 
        immunity provisions of section 6002 of title 18, United States 
        Code, shall apply with respect to any individual who 
        specifically claims such privilege.

SEC. 7. COMMERCIAL EXPORT LICENSES AND PROCESSING PROCEDURES.

    (a) Responsibility of the Secretary.--
            (1) In general.--The Secretary is responsible for all 
        export licensing functions required by this Act. All 
        determinations with respect to any export license application 
        shall be made by the Secretary, subject to the procedures 
        provided in this section.
            (2) Referral to other departments or agencies.--The 
        Secretary may seek information and recommendations from any 
        other department or agency of the United States on export 
        license applications, in accordance with the procedures 
        provided in subsection (c)(2). A department or agency reviewing 
        an export license application referred by the Secretary shall 
        cooperate fully in providing such information or 
        recommendations. The recommendations made by other departments 
        or agencies shall not be binding on the Secretary in making 
        determinations on export license applications under this 
        section.
    (b) Commercial Export Licenses.--
            (1) Types of commercial export licenses.--Under such 
        conditions as the Secretary may impose, consistent with the 
        provisions of this Act, the Secretary may require the following 
        types of licenses for exports and reexports of commercial goods 
        and technology controlled under this Act:
                    (A) Specific exports and reexports.--An individual 
                validated license, authorizing a specific export or 
                reexport.
                    (B) Multiple exports and reexports.--Validated 
                licenses authorizing multiple exports or reexports, in 
                lieu of an individual validated license for each such 
                export or reexport.
                    (C) Terms and conditions.--(i) The Secretary shall 
                grant a license under this paragraph on the basis of 
                approval of the applicant's systems of control for the 
                commercial goods and technology to be exported. The 
                Secretary and, at the request of the Secretary, the 
                Commissioner of Customs, shall perform periodic reviews 
                of license applicants and their compliance with the 
                terms of licenses issued under this Act. In the case of 
                a license issued under subparagraph (B), the Secretary 
                shall perform periodic audits of license holders in 
                order to assure the integrity and effectiveness of the 
                licensing procedures under this section that apply to 
                such licenses.
                    (ii) Requirements for the redesign, reengineering, 
                or substantial modification of standard product models 
                or configurations, and similar requirements shall not 
                be imposed under this Act before any export license 
                application is approved for the export or reexport of 
                commercial goods or technology to which export or 
                reexport controls imposed pursuant to an export control 
                regime apply if such goods or technology are intended 
                for civil end uses, unless such export control regime 
                agrees to such requirements.
            (2) Authorization for technical data.--A validated license 
        authorizing the export or reexport of any commercial goods or 
        technology under this Act shall also authorize the export or 
        reexport of operation technical data related to such goods or 
        technology, whether or not such data is specifically referenced 
        in the license or license application, if the technical level 
        of the data does not exceed the level reasonably necessary to 
        install, repair, maintain, inspect, operate, or use the goods 
        or technology.
            (3) Replacement parts.--The Secretary shall not require an 
        individual validated license for replacement parts that are 
        exported or reexported to replace on a one-for-one basis parts 
        that were in a good that has been lawfully exported from the 
        United States.
            (4) Incorporated goods or technology.--
                    (A) Goods containing controlled parts and 
                components.--No license may be required under this Act 
                to export a commercial good solely because the good 
                contains parts or components the export of which is 
                controlled under this Act if such parts or components--
                            (i) are essential to the functioning of the 
                        good;
                            (ii) are customarily included in sales of 
                        the good in countries other than controlled 
                        countries; and
                            (iii) comprise 25 percent or less of the 
                        total value of the good.
                    (B) Reexports.--Except as provided in subparagraph 
                (C), no authority or permission may be required under 
                this Act to reexport, from any country that is not a 
                member of, or a cooperating country with respect to, an 
                export control regime certified under section 4(d)(2), 
                of any commercial good or technology the export of 
                which is controlled under section 4 when the good or 
                technology to be reexported is incorporated in another 
                good or technology in that country, and--
                            (i) the value of the commercial good or 
                        technology the export of which is controlled 
                        under this Act is 25 percent or less of the 
                        total value of the good or technology into 
                        which it is incorporated; or
                            (ii) the export of such commercial good or 
                        technology from the United States to the 
                        destination or enduser of the proposed reexport 
                        would require only notification to the 
                        participating governments of the appropriate 
                        export control regime.
                    (C) Emergency controls.--No authority or permission 
                may be required to reexport from any country a 
                commercial good or technology the export of which is 
                controlled under section 5 when the good or technology 
                to be reexported is incorporated in another good or 
                technology in that country and the value of the good or 
                technology controlled under section 5 is 10 percent or 
                less of the total value of the good or technology into 
                which it is incorporated.
            (5) Existing contracts and licenses.--
                    (A) In general.--The President may not, under this 
                Act, prohibit the export or reexport of commercial 
                goods or technology--
                            (i) in performance of a contract, 
                        agreement, or other contractual commitment 
                        entered into before the effective date of 
                        export or reexport controls imposed under this 
                        Act on such goods or technology, or the date on 
                        which the President reports to the Congress 
                        under section (5)(a)(4)(B) the President's 
                        intention to impose emergency controls on the 
                        export or reexport of such goods or technology, 
                        or
                            (ii) under a validated license or other 
                        authorization issued under this Act.
                    (B) Exception.--The prohibition in subparagraph (A) 
                shall not apply if the President determines and 
                certifies to the Congress that--
                            (i) a breach of the peace poses a serious 
                        and direct threat to the strategic interests of 
                        the United States;
                            (ii) the prohibition or curtailment of 
                        exports or reexports (as the case may be) under 
                        each such contract, agreement, commitment, 
                        license, or authorization will be directly 
                        instrumental in remedying the situation posing 
                        the direct threat; and
                            (iii) such prohibition or curtailment will 
                        continue only as long as the direct threat 
                        persists.
            (6) Exclusion for medicine and medical supplies and for 
        donations.--This Act does not authorize controls on--
                    (A) medicine or medical supplies; or
                    (B) donations of goods (including, but not limited 
                to, food, educational materials, seeds and hand tools, 
                medicines and medical supplies, water resources 
                equipment, clothing and shelter materials, and basic 
                household supplies) that are intended to meet basic 
                human needs.
            (7) Prohibition of fees for processing export license 
        applications.--No fee may be charged in connection with the 
        submission or processing of an export license application under 
        this Act.
    (c) Procedures for Processing Export License Applications.--
            (1) Initial screening.--All export license applications 
        required under this Act shall be submitted by the applicant to 
        the Secretary. Not more than 10 days after the date on which 
        any export license application is submitted to the Secretary, 
        the Secretary shall--
                    (A) send the applicant an acknowledgment of the 
                receipt of the application and the date of the receipt;
                    (B) submit to the applicant a written description 
                of the procedures required by this section, the 
                responsibilities of the Secretary with respect to the 
                application, and the rights of the applicant;
                    (C) return the application without action if the 
                application is improperly completed or if additional 
                information is required, with sufficient information to 
                permit the application to be properly resubmitted, in 
                which case, if such application is resubmitted, it 
                shall be treated as a new application for the purpose 
                of calculating the time periods prescribed in this 
                subsection; and
                    (D) determine whether it is necessary to submit the 
                application to a multilateral review process pursuant 
                to an export control regime and, if so, inform the 
                applicant of such requirement.
            (2) Referral.--If the Secretary decides to refer an export 
        license application to any other department or agency for a 
        recommendation under subsection (a)(2), the Secretary shall, 
        within 5 days after receiving the application, refer the 
        application concurrently to all such departments or agencies. A 
        department or agency reviewing an export license application 
        referred by the Secretary shall have 15 days in which to submit 
        to the Secretary its recommendations on the application. Any 
        department or agency which does not submit its recommendations 
        within that 15-day period shall be deemed by the Secretary to 
        have no objection to the approval of such application.
            (3) Action by the secretary.--Subject to paragraph (6), 30 
        days after the date of formal filing with the Secretary of an 
        export license application, a license for the transaction 
        specified in the application shall become valid and effective 
        and the goods or technology involved are authorized for export 
        or reexport pursuant to such license, unless--
                    (A) the application has been otherwise approved by 
                the Secretary, in which case it shall be valid and 
                effective according to the terms of the approval;
                    (B) the application has been denied by the 
                Secretary under this section and the applicant has been 
                so informed; or
                    (C) the Secretary requires additional time, not to 
                exceed 30 days, for matters related to the 
                consideration of the export license application, 
                including, but not limited to, performing pre-license 
                investigations and obtaining government-to-government 
                assurances with respect to reexports or other matters, 
                and so informs the applicant.
        In a case in which subparagraph (C) applies, at the end of the 
        30-day period described in such subparagraph, the license for 
        the transaction specified in the application shall become valid 
        and effective and the goods and technology are authorized for 
        export or reexport pursuant to such license, unless 
        subparagraph (A) or (B) applies during such 30-day period.
            (4) Action upon denial.--In cases in which the Secretary 
        has determined that a license application should be denied, the 
        applicant shall be informed in writing, not later than 5 days 
        after such determination is made, of--
                    (A) the determination;
                    (B) the statutory basis for the proposed denial;
                    (C) the reasons for such denial, with references to 
                the criteria set forth in sections 4 and 5;
                    (D) what, if any, modifications in, or restrictions 
                on, the goods or technology for which the license was 
                sought would allow the export or reexport of the goods 
                or technology to be compatible with controls imposed 
                under this Act;
                    (E) which officers and employees of the Department 
                of Commerce who are familiar with the application will 
                be made reasonably available to the applicant for 
                considerations with regard to such modifications or 
                restrictions, if appropriate;
                    (F) to the extent consistent with the national 
                security and foreign policy of the United States, the 
                specific considerations which led to the determination 
                to deny the application; and
                    (G) the availability of appeal procedures.
        The Secretary shall allow the applicant not less than 30 days 
        to respond to the Secretary's determination before the license 
        application is denied. If any decision on a license application 
        is deferred inconsistent with the provisions of this 
        subsection, the applicant shall be so informed in writing not 
        more than 5 days after such deferral.
            (5) Recordkeeping.--The Secretary shall make and keep 
        records of all advice and recommendations given by Federal 
        departments and agencies, and decisions made by the Department 
        of Commerce, in connection with any export license application 
        or revision of an export license application under this Act, 
        including the factual and analytical basis of the advice, 
        recommendations, or decisions.
            (6) Multilateral controls.--
                    (A) Notice of multilateral review.--In any case in 
                which an export license application that has been 
                finally approved is required to be submitted to a 
                multilateral review process pursuant to an export 
                control regime, the license shall not be issued under 
                paragraph (3), but the Secretary shall notify the 
                applicant of the approval of the application (and the 
                date of such approval) by the Secretary subject to such 
                multilateral review. The license shall be issued upon 
                approval of the application under such multilateral 
                review.
                    (B) Issuance of license after 30 days.--If such 
                multilateral review has not resulted in a determination 
                with respect to the application within 30 days after 
                the application is approved, the Secretary's approval 
                of the license shall be final and the license shall be 
                issued, unless a longer review period is specifically 
                required by the established procedures of the 
                applicable export control regime.
            (7) Changes in requirements for applications.--Except as 
        provided in paragraph (1)(C), in any case in which, after an 
        export license application is submitted, the Secretary changes 
        the requirements for such a license application, the Secretary 
        may request appropriate additional information of the 
        applicant, but the Secretary may not return the application to 
        the applicant without action because it fails to meet the 
        changed requirements.
    (d) Appeal and Court Actions.--
            (1) In general.--The Secretary shall establish appropriate 
        procedures for any applicant to appeal to the Secretary the 
        denial of an export license application under this Act.
            (2) Publication and indexing of appeal decisions.--The 
        Secretary shall, to the greatest extent practicable, taking 
        into account restrictions on the disclosure of classified or 
        confidential information, publish in the Federal Register and 
        index decisions on appeals of license denials under paragraph 
        (1).
            (3) Time delay.--In any case in which any action prescribed 
        in this section is not taken on an export license application 
        within the time periods established by subsection (c) (except 
        in the case of a time period extended under subsection 
        (c)(3)(C) of which the applicant is notified), the applicant 
        may file a petition with the Secretary requesting compliance 
        with the requirements of subsection (c). 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.
            (4) Action on petitions.--If, within 20 days after a 
        petition is filed under paragraph (3), the processing of the 
        application has not been brought into conformity with the 
        requirements of subsection (c), 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 a restraining order, a temporary or permanent injunction, 
        or other appropriate relief, to require compliance with the 
        requirements of subsection (c). The United States district 
        courts shall have jurisdiction to provide such relief, as 
        appropriate.
            (5) Final orders; appeal.--The determination of the 
        Secretary on appeals under this subsection shall be final and 
        may be appealed in accordance with section 8(c).
    (e) Other Inquiries.--
            (1) Classification requests.--In any case in which the 
        Secretary receives a written request asking for the proper 
        classification of a good or technology on the control index, 
        the Secretary shall, not more than 10 working days after 
        receiving the request, inform the person making the request of 
        the proper classification.
            (2) Applicability of requirement.--In any case in which the 
        Secretary receives a written request for information about the 
        applicability of export license requirements under this Act to 
        a proposed transaction or series of transactions, the Secretary 
        shall, not more than 30 days after receiving the request, reply 
        with that information to the person making the request.
            (3) Publication of classification determinations.--The 
        Secretary shall, to the greatest extent practicable, taking 
        into account restrictions on the disclosure of classified or 
        confidential information, publish in the Federal Register 
        classification determinations made under paragraph (1).

SEC. 8. PENALTIES, ADMINISTRATIVE PROCEDURES, AND SANCTIONS.

    (a) Penalties for Violations.--
            (1) Criminal penalties.--
                    (A) In general.--Except as provided in subparagraph 
                (B), whoever knowingly violates or conspires to or 
                attempts to violate any provision of this Act or any 
                regulation, order, or license issued under this Act 
                shall be fined not more than 5 times the value of the 
                exports involved or $50,000, whichever is greater, or 
                imprisoned for not more than 5 years, or both.
                    (B) Willful violations.--Whoever willfully violates 
                or conspires to or attempts to violate any provision of 
                this Act or any regulation, order, or license issued 
                under this Act, with knowledge that the exports 
                involved will be used for the benefit of, or that the 
                destination or intended destination of the goods or 
                technology involved is, any controlled country or 
                controlled enduser--
                            (i) except in the case of an individual, 
                        shall be fined not more than 10 times the value 
                        of the exports involved or $2,000,000, 
                        whichever is greater; and
                            (ii) in the case of an individual, shall be 
                        fined not more than $500,000, or imprisoned for 
                        not more than 10 years, or both.
                    (C) Failure to report misuse under license.--Any 
                person who is issued a validated license under this Act 
                for the export of any commercial good or technology to 
                a controlled country and who, with knowledge that such 
                a good or technology is being used by such controlled 
                country for military or intelligence-gathering 
                purposes, or for purposes of enhancing capabilities 
                described in section 4(a)(1)(B), contrary to the 
                conditions under which the license was issued, 
                willfully fails to report such use, shall be subject to 
                the penalties set forth in subparagraph (B).
                    (D) Intent to violate controls.--Any person who 
                possesses any commercial goods or technology--
                            (i) with the intent to export or reexport 
                        such goods or technology in violation of an 
                        export or reexport control imposed under this 
                        Act, or any regulation, order, or license 
                        issued with respect to such control, or
                            (ii) knowing or having reason to believe 
                        that the goods or technology would be so 
                        exported or reexported,
                shall be subject to the penalties set forth in 
                subparagraph (B).
                    (E) Evasion of controls.--Any person who takes any 
                action with the intent to evade the provisions of this 
                Act or any regulation, order, or license issued under 
                this Act shall be subject to the penalties set forth in 
                paragraph (B).
            (2) Civil penalties.--
                    (A) In general.--The Secretary may impose a civil 
                penalty of not more than $250,000 for each violation of 
                this Act or any regulation, order, or license issued 
                under this Act, either in addition to or in lieu of any 
                other liability or penalty which may be imposed for 
                such violation.
                    (B) Payment of penalties.--The payment of any 
                penalty imposed under this paragraph may be made a 
                condition, for a period of not more than 1 year after 
                the imposition of such penalty, to the granting, 
                restoration, or continuing validity of any license, 
                permission, or privilege granted or to be granted under 
                this Act to the person upon whom such penalty is 
                imposed. In addition, the payment of any penalty 
                imposed under this paragraph may be deferred or 
                suspended in whole or in part for a period of time not 
                longer than any probation period (which may exceed 1 
                year) that may be imposed upon such person. Such a 
                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.
                    (C) Refunds.--Any amount paid in satisfaction of 
                any penalty imposed under this paragraph, and any 
                amounts realized from the forfeiture of any property 
                interest or proceeds under subsection (b)(4), shall be 
                covered into the Treasury as a miscellaneous receipt. 
                The head of the department or agency concerned may, in 
                his or her discretion, refund any such penalty imposed 
                under this paragraph within 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.
                    (D) Actions for recovery of penalties.--In the 
                event of the failure of any person to pay a penalty 
                imposed under this paragraph, a civil action for the 
                summary collection of the penalty may, in the 
                discretion of the head of the department or agency 
                concerned, be brought in an appropriate United States 
                district court in the name of the United States.
                    (E) Civil penalty standards.--The Secretary may by 
                regulation provide standards for establishing levels of 
                civil penalty under this paragraph based upon the 
                seriousness of the violation, the culpability of the 
                violator, and the violator's record of cooperation with 
                the Government in disclosing the violation.
            (3) Violations of the act.--Nothing in this paragraph shall 
        limit the power of the Secretary to define by regulations 
        violations under this Act.
    (b) Administrative Sanctions.--
            (1) Suspension, revocation, and denial of export 
        privileges.--The Secretary may suspend, revoke, or deny the 
        export or reexport privileges of any person who violates or 
        conspires to or attempts to violate any provision of this Act 
        or any regulation, order, or license issued under this Act.
            (2) Eligibility for licenses.--No person convicted of a 
        violation of this Act (or any regulation, order, or license 
        issued under this Act), any regulation, license, or order 
        issued under the International Emergency Economic Powers Act, 
        section 793, 794, or 798 of title 18, United States Code, 
        section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 
        783(b)), or section 38 of the Arms Export Control Act (22 
        U.S.C. 2778) shall be eligible, at the discretion of the 
        Secretary, to apply for or use any export license under this 
        Act for a period of not more than 10 years from the date of the 
        conviction. The Secretary may revoke any export license under 
        this Act in which such person has an interest at the time of 
        the conviction.
            (3) Related persons.--The Secretary may exercise the 
        authority under paragraphs (1) and (2) with respect to any 
        person related, through affiliation, ownership, control, or 
        position of responsibility, to any person who has been 
        sanctioned under this subsection, upon a showing of such 
        relationship with the sanctioned party and a finding that such 
        action is necessary to prevent an imminent violation of this 
        Act or any regulation, order, or license issued under this Act, 
        and subject to the procedures set forth in subsection (c).
            (4) Forfeiture of property interest and proceeds.--
                    (A) In general.--Any person who is convicted under 
                subsection (a)(1) of a violation of an export or 
                reexport control imposed under this Act or any 
                regulation, order, or license issued under this Act 
                shall, in addition to any other penalty, forfeit to the 
                United States--
                            (i) 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;
                            (ii) 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 
                        reexport or attempt to export or reexport that 
                        was the subject of the violation; and
                            (iii) any of that person's property 
                        constituting or derived from any proceeds 
                        obtained directly or indirectly as a result of 
                        the violation.
                    (B) Procedure.--The procedures in any forfeiture 
                under this paragraph, and the duties and authority of 
                the courts of the United States and the Attorney 
                General with respect to any forfeiture action under 
                this paragraph or with respect to any property that may 
                be subject to forfeiture under this paragraph, shall be 
                governed by the provisions of section 1963 of title 18, 
                United States Code.
    (c) Administrative Procedure and Judicial Review.--
            (1) Administrative procedures relating to civil penalties 
        and administrative sanctions.--
                    (A) Formal complaint.--In any case in which a civil 
                penalty or administrative sanction (other than a 
                temporary denial order) is sought under this section, 
                the charged party is entitled to receive a formal 
                complaint specifying the charges and, at his or her 
                request, to contest the charges in a hearing before an 
                administrative law judge.
                    (B) Hearing procedures.--Subject to the provisions 
                of this subsection, any such hearing shall be conducted 
                in accordance with sections 556 and 557 of title 5, 
                United States Code.
                    (C) Presentation of evidence in camera.--In any 
                such hearing the Government may, with the approval of 
                the administrative law judge, present evidence in 
                camera in the presence of the charged party or his or 
                her representative.
                    (D) Post-hearing action by the secretary.--After 
                the hearing, the administrative law judge shall make 
                findings of fact and conclusions of law in a written 
                decision, which shall be referred to the Secretary. The 
                Secretary shall, in a written order, affirm, modify, or 
                vacate the decision of the administrative law judge not 
                later than 30 days after receiving the decision.
                    (E) Timing.--The proceedings described in this 
                subsection shall be concluded not later than 1 year 
                after the complaint is submitted, unless the 
                administrative law judge extends such period for good 
                cause shown.
                    (F) Final orders; appeal.--The order of the 
                Secretary under subparagraph (D) shall be final and may 
                be appealed in accordance with paragraph (4).
            (2) Administrative procedures for the imposition of 
        temporary denial orders.--
                    (A) In general.--In any case in which it is 
                necessary, in the public interest, to prevent an 
                imminent violation of this Act or any regulation, 
                order, or license issued under this Act, the Secretary 
                may, without a hearing, issue an order temporarily 
                denying United States export or reexport privileges 
                (hereafter in this subsection referred to as a 
                ``temporary denial order'') to a person. A temporary 
                denial order may be effective no longer than 180 days 
                (unless renewed in writing by the Secretary for an 
                additional period of not more than 180 days) in order 
                to prevent such an imminent violation, except that a 
                temporary denial order may be renewed only after notice 
                and an opportunity for a prompt hearing is provided.
                    (B) Contents.--A temporary denial order shall 
                define the imminent violation and state why the 
                temporary denial order was granted without a hearing. 
                The person or persons subject to the issuance or 
                renewal of a temporary denial order may file an appeal 
                of the issuance or renewal of the temporary denial 
                order with an administrative law judge who shall, not 
                more than 10 working days after the appeal is filed, 
                recommend that the temporary denial order be affirmed, 
                modified, or vacated. Parties may submit briefs and 
                other material to the judge. The recommendation of the 
                administrative law judge shall be submitted to the 
                Secretary who shall either accept, reject, or modify 
                the recommendation by written order not more than 5 
                working days after receiving the recommendation. The 
                written order of the Secretary under the preceding 
                sentence shall be final and may be appealed as provided 
                in paragraph (4). The temporary denial order shall be 
                affirmed only if it is reasonable to believe that the 
                order is required in the public interest to prevent an 
                imminent violation of this Act or any regulation, 
                order, or license issued under this Act. All materials 
                submitted to the administrative law judge and the 
                Secretary under this paragraph shall constitute the 
                administrative record for purposes of review by the 
                courts.
            (3) Administrative law judges.--Administrative law judges 
        referred to in paragraphs (1) and (2)(B) shall be appointed by 
        the Secretary from among those considered qualified for 
        selection and appointment under section 3105 of title 5, United 
        States Code.
            (4) Judicial review.-- Any final agency action under this 
        Act may be reviewed by appeal to the United States Court of 
        Appeals for the Federal Circuit.
    (d) Sanctions Against Certain Persons.--
            (1) In general.--Except as provided in paragraph (5), the 
        President may impose the sanctions described in paragraph (3) 
        if the President determines that a person has knowingly and 
        materially contributed--
                    (A) through the export from the United States of 
                any commercial goods or technology that are subject to 
                the jurisdiction of the United States under this Act, 
                or
                    (B) through the export from any other country of 
                any commercial goods <plus-minus>or technology that 
                constitutes a violation of any regulation issued by 
                that country to control exports pursuant to an export 
                control regime,
        to the efforts by any controlled country or controlled enduser 
        to use, develop, produce, stockpile, or otherwise acquire 
        chemical or biological weapons, nuclear materials and equipment 
        (as defined in section 4(4) of the Nuclear Non-Proliferation 
        Act of 1978) or any nuclear explosive device, or any missile 
        equipment or technology.
            (2) Persons against which sanctions are to be imposed.--
        Sanctions shall be imposed under paragraph (1) on--
                    (A) the person with respect to whom the President 
                makes the determination described in that paragraph;
                    (B) any successor entity to that person; and
                    (C) any parent, subsidiary, or affiliate of that 
                person if that parent, subsidiary, or affiliate 
                knowingly and materially contributed to the activities 
                that were the basis of that determination.
            (3) Sanctions.--The sanctions to be imposed under paragraph 
        (1) are--
                    (A) denial of licenses to the sanctioned person to 
                export or reexport, and denial of licenses to United 
                States persons to export or reexport to the sanctioned 
                person, commercial goods and technology to the same 
                intent as the export or reexport of such goods or 
                technology is controlled under this Act;
                    (B) a prohibition on contracting with, and 
                procurement of products and services from, the 
                sanctioned person by any department, agency, of 
                instrumentality of the United States Government; and
                    (C) a prohibition on the importation into the 
                United States of products produced by the sanctioned 
                person.
            (4) Consultations with foreign governments of 
        jurisdiction.--If the President makes a determination in 
        paragraph (1) with respect to a foreign person, the President 
        shall immediately initiate consultations with the government of 
        the country of which that foreign person is a national with 
        respect to the imposition of sanctions under this section.
            (5) Inapplicability.--Sanctions set forth in paragraph (3) 
        may not be imposed on a foreign person with respect to acts 
        described in paragraph (1) if the government of the country of 
        which that foreign person is a national is a member of an 
        export control regime certified under section 4(d)(2) or a 
        cooperating country with respect to such regime, unless a 
        determination made with respect to such country under section 
        4(d)(5)(C) is in effect.
            (6) Termination of sanctions.--Sanctions imposed under this 
        subsection shall apply for a period at least one year beginning 
        on the date on which the sanctions are imposed. Such sanctions 
        shall cease to apply, in the case of a foreign person, at such 
        time as paragraph (5) applies. The sanctions shall cease to 
        apply after the end of the 1-year period described in the first 
        sentence if the President determines that the person with 
        respect to whom the determination was made under paragraph (1) 
        has ceased all activities described in paragraph (1) that were 
        the subject of the violation and has taken appropriate steps to 
        ensure that such activities will not take place in the future.
    (e) Other Authorities.--Nothing in this section limits--
            (1) the availability of other administrative or judicial 
        remedies with respect to violations of this Act or any 
        regulation, order, or license issued under this Act;
            (2) the authority to compromise and settle administrative 
        proceedings brought with respect to violations of this Act or 
        any regulation, order, or license issued under this Act; or
            (3) the authority to compromise, remit, or mitigate 
        seizures and forfeitures under section 1(b) of title VI of the 
        Act of June 15, 1917 (22 U.S.C. 401(b)).

SEC. 9. DEFINITIONS; REPORTS.

    (a) Definitions.--Except as otherwise provided in this Act, as used 
in this Act:
            (1) Australia group.--The term ``Australia Group'' means a 
        group of countries that have agreed to restrict the sale of 
        chemical weapons precursors and equipment, including, as of the 
        date of the enactment of this Act, Australia, Austria, Belgium, 
        Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
        Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, 
        Portugal, Spain, Sweden, Switzerland, the United Kingdom, and 
        the United States.
            (2) CECA.--The term ``CECA'' means the Commercial Export 
        Control Administration established in section 6(c).
            (3) COCOM.--The term ``COCOM'' means the Coordinating 
        Committee for Multilateral Export Controls, a non-treaty 
        organization created in 1949 that--
                    (A) cooperatively restricts exports of goods and 
                technology to certain countries;
                    (B) collectively determines the goods and 
                technology that are so restricted and the destinations 
                to which exports are so restricted; and
                    (C) as of the date of the enactment of this Act, 
                includes Australia, Belgium, Canada, Denmark, Finland, 
                France, Germany, Greece, Italy, Japan, Luxembourg, the 
                Netherlands, Norway, Portugal, Spain, Sweden, Turkey, 
                the United Kingdom, and the United States.
            (4) Commercial goods and technology.--The term ``commercial 
        goods and technology'' means goods and technology that were 
        developed or are employed for bona fide civilian endusers.
            (5) Committee.--The term ``Committee'' means the Commercial 
        Export Control Policy Committee established in section 6(b).
            (6) Control index.--The term ``control index'' means the 
        United States Commercial Export Control Index established under 
        section 3(b)(1).
            (7) Controllable.--The term ``controllable'' means capable 
        of being made subject to an effective prohibition or 
        significant restriction on exports. A good or technology shall 
        not be considered to be controllable unless it is--
                    (A) manufactured or sold by only a modest number of 
                suppliers who can be positively identified;
                    (B) consumed or used by only a modest number of 
                endusers who can be positively identified and whose 
                export activities can be controlled; and
                    (C) individually traceable or not easily concealed 
                or disguised.
            (8) Controlled country and controlled enduser.--(A) The 
        term ``controlled country'' means a country identified under 
        section 4(b)(4). The term ``controlled enduser'' means an 
        enduser identfied under section 4(b)(4).
            (B) The term ``controlled enduser'' means an enduser 
        identified under section 4(b)(4).
            (9) Cooperating country.--The term ``cooperating country'' 
        means a country which has entered into an agreement with the 
        United States or an export control regime on maintaining export 
        restrictions comparable in practice to those maintained by such 
        export control regime.
            (10)(A) Enduse.--The term ``enduse'' means the intended 
        application or use of an item as represented to an export 
        license applicant by the importer of the item in another 
        country.
            (B) Enduser.--The term ``enduser'' means the person located 
        abroad who is the true party in interest in actually receiving 
        an export for the end-use designated for the export.
            (11) Export.--The term ``export'' means an actual shipment, 
        transfer, or transmission of goods or technology out of the 
        United States.
            (12) Export control regime.--The term ``export control 
        regime'' means a system of export controls agreed to and 
        maintained by the United States and one or more other countries 
        and includes COCOM, the Australia Group, the MTCR, and the 
        Nuclear Supplies Group.
            (13) Export license application.--The term ``export license 
        application'' means a request for permission or authorization 
        to export or reexport a commercial good or technology the 
        export of which is controlled under this Act.
            (14) Foreign availability.--The term ``foreign 
        availability'' means the availability within controlled 
        countries or to controlled countries or controlled endusers 
        without restriction from sources outside the United States of 
        commercial goods and technology that would reasonably be 
        considered to substitute for those produced in the United 
        States or other countries that participate with the United 
        States in export control regimes so as to render export and 
        reexport controls imposed by the United States or such regimes 
        on such goods or technology so produced ineffective in 
        achieving their intended purpose. A determination of foreign 
        availability of a good or technology from sources outside the 
        United States shall be made only after considering the 
        availability of such good or technology--
                    (A) within a controlled country;
                    (B) from any country from which exports to a 
                controlled country or controlled enduser of the good or 
                technology are not restricted; and
                    (C) from countries that participate with the United 
                States in export control regimes to the extent that 
                export and reexport restrictions on the good or 
                technology maintained by such countries are determined 
                by the Secretary to be ineffective.
            (15) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a citizen of the 
                United States or a ``protected individual'' as defined 
                in section 274B of the Immigration and Nationality Act 
                (8 U.S.C. 1324b(a)(3)); and
                    (B) a corporation, partnership, or other entity 
                that is created or organized under the laws of a 
                foreign country or that has its principal place of 
                business outside the United States.
            (16) Good.--The term ``good'' means any article, natural or 
        manmade substance, material, supply, or manufactured product, 
        including inspection and test equipment, and excluding 
        technical data.
            (17) Missile technology control regime; mtcr.--The term 
        ``Missile Technology Control Regime'' or ``MTCR'' means the 
        policy statement 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-relevant transfers based on the MTCR Annex, and any 
        amendments thereto, which, as of the date of the enactment of 
        this Act, includes the each of those countries and Australia, 
        Austria, Belgium, Denmark, Finland, Luxembourg, the 
        Netherlands, Norway, Sweden, New Zealand, and Spain.
            (18) Missile equipment or technology; mtcr equipment or 
        technology.--The terms ``missile equipment or technology'' and 
        ``MTCR equipment or technology'' mean those items listed in the 
        MTCR Annex.
            (19) MTCR annex.--The term ``MTCR Annex'' means the 
        Guidelines and Equipment and Technology Annex of the MTCR, and 
        any amendments thereto.
            (20) Non-regime country.--The term ``non-regime country'' 
        means a country that is not a member of an export control 
        regime and is not a cooperating country.
            (21) Nuclear suppliers' group.--The term ``Nuclear 
        Suppliers' Group'' means a group of countries that--
                    (A) in 1978, committed themselves to prohibit the 
                export of certain nuclear-related goods and technology 
                unless the importing country agreed to a pledge of ``no 
                explosive use'' and to acceptance of safeguards by the 
                International Atomic Energy Agency; and
                    (B) as of the date of the enactment of this Act, is 
                comprised of Australia, Austria, Belgium, Bulgaria, 
                Canada, Czech Republic, Denmark, Finland, France, 
                Germany, Greece, Hungary, Ireland, Italy, Japan, 
                Luxembourg, the Netherlands, Norway, Poland, Portugal, 
                Romania, Russia, Slovak Republic, Spain, Sweden, 
                Switzerland, the United Kingdom, and the United States.
            (22) Person.--The term ``person'' includes the singular and 
        the plural and any individual, partnership, corporation, or 
        other form of association, including any government or agency 
        thereof.
            (23) Reexport.--The term ``reexport'' means an actual 
        shipment, transfer, or transmission of U.S.-origin goods or 
        technology from one foreign country to another.
            (24) Member of an export control regime.--A ``member'' of 
        an export control regime is a country that is a participant in 
        that export control regime.
            (25) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (26) Security control list.--The term ``security control 
        list'' means the list established under section 4(b).
            (27) Technology.--The term ``technology'' means the 
        information and know how (whether in tangible form, such as 
        models, prototypes, drawings, sketches, diagrams, blueprints, 
        or manuals, or in intangible form, such as training or 
        technical services) that can be used to design, produce, 
        manufacture, utilize, or reconstruct goods, including computer 
        software and technical data, but not the goods themselves.
            (28) 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 (43 U.S.C. 1331(a)).
            (29) United states person.--The term ``United States 
        person'' means--
                    (A) any United States resident or national, 
                including any ``protected individual'' as defined in 
                section 274B of the Immigration and Nationality Act (8 
                U.S.C. 1324b(a)(3)), but not including an individual 
                resident outside the United States and employed by 
                other than a United States person;
                    (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 which is controlled in fact by such domestic 
                concern, as determined under regulations of the 
                President.
            (30) U.S. origin.--The term ``U.S.-origin'' means, with 
        respect to a good or technology, that the good or technology, 
        when imported into a foreign country, is treated as a product 
        of the United States for purposes of that country's customs 
        laws.
            (31) Weapons of mass destruction.--The term ``weapons of 
        mass destruction'' refers to chemical, biological, and nuclear 
        weapons, and missiles capable of delivering such weapons.
    (b) Annual Report.--Not later than December 31 of each year, the 
Secretary shall submit to the Congress a report on the administration 
of this Act during the preceding fiscal year. Such report shall include 
detailed information with respect to--
            (1) the implementation of the policies set forth in section 
        2;
            (2) export licensing activities under sections 4 and 5, and 
        any changes in the exercise of the authorities contained in 
        those sections, including a report on all export license 
        applications pending beyond the deadlines contained in section 
        7;
            (3) designations under section 4(a)(3) of controlled 
        countries and controlled endusers, and any changes in such 
        designations;
            (4) the results, in as much detail as may be included 
        consistent with the national security and the need to maintain 
        the confidentiality of proprietary information, of the review 
        and revision of the control index required by section 3(b)(4);
            (5) any emergency sanctions imposed under section 5(a), and 
        the results of negotiations required by section 5(a)(3)(F);
            (6) determinations of foreign availability made under 
        section 3(g), the criteria used to make such determinations, 
        and the removal of any export or reexport controls as a result 
        of such determinations;
            (7) consultations with and recommendations of the industry 
        advisory committees established under section 6(d) and the use 
        made of the advice given by such committees;
            (8) organizational and procedural changes undertaken in 
        furtherance of the policies set forth in this Act, including 
        changes to increase the efficiency of the export licensing 
        process; and
            (9) violations, enforcement activities, and any sanctions 
        imposed under section 8.

SEC. 10. EFFECT ON OTHER ACTS; CONFORMING AMENDMENTS.

    (a) In General.--To the extent provided in this Act, this Act shall 
be construed to modify, repeal, supersede, and otherwise affect the 
provisions of other laws authorizing control over exports of commercial 
goods and technology.
    (b) Coordination of Controls.--
            (1) Nuclear non-proliferation act of 1978.--The requirement 
        in section 309(c) of the Nuclear Non-Proliferation Act of 1978 
        for procedures that provide for prior consultations with other 
        agencies, and any procedure published by the President pursuant 
        to that section, shall be deemed to be met by the deliberations 
        of the Committee regarding the policy for exports and reexports 
        of goods and technology to which such section 309(c) applies.
            (2) Authority under other acts.--The authority granted to 
        the President under section 203(a)(1)(B) of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702(a)(1)(B)) and 
        section 5(b)(1)(B) of the Trading with the Enemy Act (50 U.S.C. 
        App. 5(b)(1)(B)) with respect to licensing or control of 
        exports and reexports of commercial goods and technology and 
        related services shall be delegated to the Secretary.
    (c) Commodity Jurisdiction.--
            (1) In general.--Notwithstanding any other provision of 
        law--
                    (A) an item agreed for control on the International 
                Munitions List of COCOM shall be subject to control 
                under the Arms Export Control Act and not under this 
                Act;
                    (B) except as provided in paragraphs (2) and (4), 
                an item which is on the International Industrial List 
                of COCOM shall be subject to control under this Act and 
                not under the Arms Export Control Act; and
                    (C) no item may be included on both the security 
                control list and the United States Munitions List after 
                publication of the lists required under paragraph (3) 
                and resolution of any dispute with respect to such 
                lists under paragraph (4).
            (2) Exceptions.--
                    (A) An item described in subparagraph (B) that is 
                not on the International Munitions List may be subject 
                to control under the Arms Export Control Act--
                            (i)(I) for a period of 9 months after the 
                        date on which the United States proposes to 
                        COCOM that the item be added to the 
                        International Munitions List, and
                            (II) for an additional 9-month period, but 
                        only if negotiations in COCOM to add the item 
                        to the International Munitions List are 
                        continuing; or
                            (ii) if the Secretary of State, in 
                        consultation with the Secretary, so determines, 
                        except that if the Secretary disagrees with the 
                        Secretary of State with respect to such item, 
                        the item may be subject to control under the 
                        Arms Export Control Act only if the 
                        disagreement is resolved by the Secretaries or 
                        by the President pursuant to the procedures set 
                        forth in subparagraphs (B) and (C) of paragraph 
                        (4).
                    (B) An item referred to in subparagraph (A) is an 
                item that--
                            (i) is specifically designed or developed 
                        for military application;
                            (ii) does not have bona fide civilian 
                        applications; and
                            (iii) does not have performance equivalent 
                        in form and function to those of an article or 
                        service used for civilian applications.
            (3) Publication of lists.--
                    (A) Not later than 3 months after the date of the 
                enactment of this Act, the Secretary shall publish the 
                security 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.
                    (B) Not later than 3 months after the date of the 
                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 paragraph (2).
                    (C) If either the Secretary or the Secretary of 
                State fails to publish a revised list in accordance 
                with subparagraph (A), 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.
            (4) Commodity jurisdiction dispute resolution.--
                    (A) Whenever--
                            (i) the Secretary or the Secretary of State 
                        receives a request to determine whether an item 
                        is subject to control under this Act or the 
                        Arms Export Control Act;
                            (ii) either Secretary finds that an item is 
                        included on both the security control index and 
                        the United States Munitions List;
                            (iii) an item appearing on the list of one 
                        Secretary under paragraph (3)(A) 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 (3)(B);
                the Secretary or the Secretary of State (as the case 
                may be) shall refer the matter and any relevant 
                information to the other Secretary.
                    (B) The 2 Secretaries shall have a period of 15 
                days following the referral of a matter under 
                subparagraph (A) to resolve any differences with 
                respect to the matter involved.
                    (C) If the 2 Secretaries fail to resolve such 
                differences within that 15-day period, either Secretary 
                may refer the matter to the President who, not later 
                than 15 days after receiving the referral, shall notify 
                the 2 Secretaries of his determination on the matter in 
                dispute.
                    (D) In resolving disputes under subparagraph (C), 
                the President may decide that an item which is not on 
                the International Munitions List is subject to control 
                under the Arms Export Control Act only if the 
                President--
                            (i) 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;
                            (ii) proposes to COCOM that the item be 
                        added to the International Munitions List; and
                            (iii) not later than 10 days after making 
                        the determination under clause (i), 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.
                    (E) If either the Secretary or the Secretary of 
                State does not respond to a referral under subparagraph 
                (A), the Secretary that did not so respond shall be 
                deemed to concur with the other Secretary on the matter 
                involved.
    (d) Amendments to the International Emergency Economic Powers 
Act.--
            (1) Limitation on authority.--Section 203(a)(1) of the 
        International Emergency Economic Powers Act (50 U.S.C. 1706) is 
        amended by adding at the end the following:
``The President may prohibit or curtail the exportation and 
reexportation of any commercial goods or technology subject to the 
jurisdiction of the United States under this title only to the extent 
provided, and subject to the criteria set forth in, sections 4 and 5 of 
the Commercial Export Administration Act of 1993, unless such 
prohibition or curtailment is part of a total embargo of all exports 
and imports (other than exports of items described in section 7(b)(6) 
of such Act).''.
            (2) Extension or reinstatement of expired provision of 
        law.--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.--The President may use the 
authority of this Act to extend or reinstate an expired provision of 
the Commercial Export Administration Act of 1993 for only one period of 
not more than 180 days after the date of such expiration.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; TERMINATION DATE.

    (a) Authorization of Appropriations.--
            (1) Requirement of authorizing legislation.--
                    (A) Notwithstanding any other provision of law, 
                money appropriated to the Department of Commerce to 
                carry out the purposes of this Act may be obligated or 
                expended only if--
                            (i) the appropriation thereof has been 
                        previously authorized by law enacted on or 
                        after the date of the enactment of this Act; or
                            (ii) the amount of all such obligations and 
                        expenditures does not exceed an amount 
                        previously prescribed by law enacted on or 
                        after such date.
                    (B) To the extent that legislation enacted after 
                the making of an appropriation to carry out the 
                purposes of this Act authorizes the obligation or 
                expenditure thereof, the limitation in subparagraph (A) 
                shall have no effect.
            (2) Authorization.--There are authorized to be appropriated 
        to the Department of Commerce such sums as may be necessary to 
        carry out the purposes of this Act.
    (b) Termination Date.--
            The authority granted by this Act terminates on September 
        30, 2000.

SEC. 12. MISCELLANEOUS PROVISIONS.

    (a) Amendments to Title 5, United States Code.--(1) Section 5314 of 
title 5, United States Code, is amended--
            (A) by striking ``Under Secretary of Commerce for Export 
        Administration''; and
            (B) by adding at the end the following:
            ``Director, Commercial Export Control Administration.''.
    (2) Section 5315 of title 5, United States Code, is amended--
            (A) in the item relating to Assistant Secretaries of 
        Commerce, by striking ``(11)'' and inserting ``(9)''; and
            (B) by adding at the end the following:
            ``Deputy Director, Commercial Export Control 
        Administration.
            ``Assistant Director for Export Control, Commercial Export 
        Control Administration.
            ``Assistant Director for Enforcement and Compliance, 
        Commercial Export Control Administration.
            ``Assistant Director for Security and Intelligence, 
        Commercial Export Control Administration.
            ``Assistant Director for Nonproliferation, Commercial 
        Export Control Administration.
            ``Chief Negotiator, Commercial Export Control 
        Administration.''.
    (b) Export Administration Act of 1979.--Upon the effective date of 
this Act, sections 5, 6 (except to the extent provided in section 
8(b)), 11A, 11B, 11C, 10(h), and 10(o) of the Export Administration Act 
of 1979, and section 6 of that Act (except to the extent provided in 
section 8(b) of that Act), shall cease to be effective, and all other 
provisions of that Act to the extent such provisions apply to such 
ineffective sections shall cease to be effective.
    (c) Savings Provisions.--
            (1) In general.--All delegations, rules, regulations, 
        orders, determinations, licenses, or other forms of 
        administrative action which--
                    (A) have been made, issued, conducted, or allowed 
                to become effective--
                            (i) under provisions of the Export 
                        Administration Act of 1979 referred to in 
                        subsection (b), or
                            (ii) in the exercise of functions 
                        transferred by this Act, and
                    (B) are in effect at the time this Act takes 
                effect,
        shall continue in effect according to their terms until 
        modified, superseded, set aside, or revoked under this Act.
    (b) Administrative Proceedings.--This Act shall not apply to any 
administrative proceedings commenced or any application for a license 
made, under the Export Administration Act of 1979 or in the exercise of 
functions transferred by this Act, which is pending at the time this 
Act takes effect.
    (d) Effective Date.--This Act takes effect on the date of the 
enactment of this Act.

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