(A) Full disclosure on a confidential basis
to 
all 
members 
of 
the 
regime 
of 
all
nonproprietary information relating to all li-
censes granted for the export of items controlled
by the regime, consistent with the protection of
intelligence sources and methods.
(B) A list of controlled items of particular
sensitivity for which such disclosure shall be
given 15 days before the license is issued.
(g) TRANSPARENCY OF MULTILATERAL CONTROL RE-
GIMES.—
(1) PUBLICATION OF INFORMATION ON EACH EX-
ISTING REGIME.—Within 6 months after the date of
the enactment of this Act, the Secretary shall publish
in the Federal Register the following information
with respect to export controls agreed to by each mul-
tilateral control regime existing on the date of the en-
actment of this Act:
(A) Purposes of the controls.
(B) Members of the regime.
(C) Licensing policy.
(D) Items subject to the controls, together
with all public notes, understandings, and other
aspects of the agreement of the regime, and all
changes thereto.
(E) Controlled countries, controlled end
uses, and, to the extent not inconsistent with re-
quirements of the regime, controlled end users.
(F) Rules of interpretation.
(G) Major policy actions.
(H) The rules and procedures of the regime
for establishing and modifying any matter de-
scribed in subparagraphs (A) through (G) and
for reviewing export license applications.
(2) INFORMATION REGARDING CONTROLLED END
USERS.—The United States shall propose to each ex-
port control regime to permit a member of the regime
to publish the controlled end users (including projects
of concern) agreed to by the regime.
(3) NEW REGIMES.—Within 2 months after join-
ing or organizing a new export control regime, the
Secretary shall publish the information described in
subparagraphs (A) through (H) of paragraph (1).
(4) PUBLICATION OF CHANGES.—The Secretary
shall publish in the Federal Register any changes in
the information published under this subsection with-
in 2 months after the applicable regime adopts such
changes.
(h) EFFECTIVENESS OF MULTILATERAL CONTROL RE-
GIMES AND IMPLEMENTATION BY THEIR MEMBERS.—
(1) ANNUAL
EVALUATION.—At least once each
year, the Secretary shall evaluate the effectiveness of
each export control regime and the effectiveness of the
implementation of the regime by each of its members,
including the United States. Such evaluation shall be
included in the annual report issued under section
115.
(2) CONTENTS.—The evaluation under para-
graph (1) shall include the following for the calendar
year for which the report is issued:
(A) Items not controlled by the export con-
trol regime that the United States believes should
be controlled if the regime is to achieve its con-
trol purposes effectively.
(B) Countries that are sources of foreign
availability for each item controlled by agree-
ment of the regime. Such countries shall include
members of the regime, cooperating countries
with respect to the regime, and countries that are
not members of the regime.
(C) Countries that are risks for diverting
controlled items to controlled countries, end uses,
or end users.
(D) Members of the regime that have not, in
the judgment of the Secretary, implemented the
objectives set forth in subsection (d).
(E) The extent to which the regime and
each of its members have adopted and are imple-
menting uniform licensing policies.
(F) The extent to which the licensing policy
of the regime and each of its members adequately
prevents the export licensing decisions of one
member of the regime from rendering ineffective
the denial of license applications by another
member.
(3) COMMENTS.—Before beginning each evalua-
tion under this subsection, the Secretary shall request
comments from the public and the export advisory
committees appointed under section 104(f) regarding
the effectiveness of each export control regime. The
Secretary shall give the public at least 30 days to
provide comments under this paragraph.
(i) FOREIGN AVAILABILITY.—
(1) FOREIGN
AVAILABILITY
TO
CONTROLLED
COUNTRIES.—
(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Defense, other ap-
propriate Government departments and agencies,
and appropriate export advisory committees ap-
pointed under section 104(f), shall review, on a
continuing basis, the availability of controlled
items to controlled countries from sources outside
the United States, including countries that par-
ticipate with the United States in export control
regimes.
(B) ITEMS CONTROLLED BY COCOM.—(i) In
any case in which the Secretary determines
under paragraph (3), with the concur-
rence of the Secretary of Defense, and
in accordance with procedures and criteria
which the Secretary shall establish by regulation,
that any item controlled for export pursuant to
the agreement of COCOM is available in factƒ,
or will be available in fact within 2 years in the
future,≈ to controlled countries from sources out-
side the United States in sufficient quantity and
of comparable quality so that the requirement of
a validated license for the export of such item is
ƒor would be ineffective≈ ineffective in
achieving the purposes of this section—
(I) the President shall propose to
COCOM that export controls on such item
be eliminated, or
(II) if the President determines that
the absence of export controls on the item
would prove detrimental to the national se-
curity of the United States, the President
shall actively pursue negotiations with the
governments of the appropriate foreign
countries for the purpose of eliminating
such availability.
No later than the commencement of such negotia-
tions, the President shall notify in writing the
Committee on Banking, Housing, and Urban Af-
fairs and the Committee on Armed
Services of the Senate and the Committee on
Foreign Affairs and the Committee on
Armed Services of the House of Representa-
tives that the President has begun such negotia-
tions and why the President believes it is impor-
tant to the national security that export controls
on the item involved be maintained.
(ii) If, within 6 months after the President’s
determination under clause (i)(II) that export
controls be maintained notwithstanding foreign
availability, the foreign availability has not been
eliminated, the Secretary may not, after the end
of that 6-month period, require a validated li-
cense for the export of the item involved. The
President may extend the 6-month period for an
additional period of 12 months if the President
certifies to the Congress that the negotiations in-
volved are progressing and that the absence of
the export controls involved would prove det-
rimental to the national security of the United
States.
(C) ITEMS
CONTROLLED
BY
OTHER
RE-
GIMES.—(i) In any case in which the Secretary
determines under paragraph (3), with the
concurrence of the Secretary of De-
fense, and in accordance with procedures and
criteria which the Secretary shall establish by
regulation, that any item controlled for export
pursuant to an export control regime other than
COCOM is available in factƒ, or will be avail-
able in fact within 2 years in the future,≈ to
controlled countries from sources outside the
United States in sufficient quantity and of com-
parable quality so that the requirement of a vali-
dated license for the export of such item is ƒor
would be ineffective≈ ineffective in achieving
the purposes of this section, the President shall
actively pursue negotiations with the govern-
ments of the appropriate foreign countries for the
purpose of eliminating such availability. No
later than the commencement of such negotia-
tions, the President shall notify in writing the
Committee on Banking, Housing, and Urban Af-
fairs and the Committee on Armed
Services of the Senate and the Committee on
Foreign Affairs and the Committee on
Armed Services of the House of Representa-
tives that the President has begun such negotia-
tions, indicating whether the President believes it
is important that export controls on the item in-
volved be maintained to avoid a significant risk
to the national security interests of the United
States.
(ii) If, within 120 days after a determina-
tion of foreign availability described in clause (i)
is made, the foreign person or persons that are
ƒor will be≈ the source of such foreign availabil-
ity have not taken the steps necessary to elimi-
nate such availability, the President shall pro-
pose to the export control regime controlling the
commodities or technology that are the subject of
the foreign availability determination—
(I) that such controls be eliminated, or
(II) that the members of the regime im-
pose all of the sanctions described in clause
(iii) on such foreign person or persons.
(iii) The sanctions referred to in clause (ii)
to be imposed on a foreign person or persons are
the following:
(I) A prohibition on the export to such
person or persons of all items controlled by
such export control regime.
(II) A prohibition on the import of all
goods that are produced by such person or
persons.
(III) A prohibition on procurement by
such governments of any services, commod-
ities, technology, or other products from or
produced by such person or persons.
(iv) If, within 90 days after a proposal
under clause (ii)(II) regarding sanctions is made
to an export control regime, such regime has not
agreed to such proposal, the President shall ei-
ther propose to such regime that the export con-
trols on the commodities or technology that are
the subject of the foreign availability determina-
tion be eliminated, or report to the Congress that
the President has determined that elimination of
the controls would create a significant risk to the
national security interests of the United States.
Such report shall include the basis for such de-
termination.
(2) NOTICE OF ALL FOREIGN AVAILABILITY AS-
SESSMENTS.—Whenever the Secretary undertakes a
foreign availability assessment under this subsection,
the Secretary shall publish notice of such assessment
in the Federal Register.
(3) PROCEDURES
FOR
MAKING
DETERMINA-
TIONS.—
(A) PROCEDURES.—(i) The Secretary shall
make a foreign availability determination under
paragraph (1) on the Secretary’s own initiative,
upon the certification of an export advisory com-
mittee appointed under section 104(f) with re-
spect to the commodities or technology concern-
ing which the certification is made, or upon re-
ceipt of an allegation from an export license ap-
plicant that such availability exists. ƒIn making
any such determination, the Secretary shall ac-
cept the representations of applicants made in
writing and supported by reasonable evidence,
unless such representations are contradicted by
reliable evidence, including scientific or physical
examination, expert opinion based upon ade-
quate factual information, or intelligence infor-
mation.≈
(ii) In making determinations of foreign
availability, the Secretary may consider such
factors as cost, reliability, the availability and
reliability of spare parts and the cost and qual-
ity thereof, maintenance programs, durability,
quality of end products produced by the item
subject to the determination, and scale of produc-
tion.
(iii) For purposes of this subparagraph, the
term ‘‘evidence’’ may include such items as for-
eign manufacturers’ catalogues, brochures, oper-
ations or maintenance manuals, articles from
reputable trade publications, photographs, and
depositions based upon eyewitness accounts.
(B) CERTIFICATIONS BY EXPORT ADVISORY
COMMITTEES.—At the same time as an export
advisory committee submits a certification to the
Secretary under subparagraph (A)(i), the com-
mittee shall submit the certification to the Con-
gress. The Secretary shall investigate the foreign
availability so certified and, not later than 90
days after the certification is made, shall submit
a report to the export advisory committee and
the Congress stating that—
(i) the foreign availability does exist,
and the applicable steps are being taken
under paragraph (1); or
(ii) the foreign availability does not
exist.
To the extent necessary, the report may be sub-
mitted on a classified basis.
(C) ALLEGATIONS BY EXPORT LICENSE AP-
PLICANTS.—Within 4 months after receiving an
allegation described in subparagraph (A)(i) from
an export license applicant, the Secretary shall
determine whether the foreign availability exists,
and shall so notify the applicant. If the Sec-
retary has determined that the foreign availabil-
ity exists, the Secretary shall, upon making such
determination, submit the determination for re-
view to other departments and agencies as the
Secretary considers appropriate. ƒThe Sec-
retary’s determination of foreign availability
shall not require the concurrence or approval of
any such department or agency.≈ Not later than
30 days after the Secretary makes the determina-
tion, the Secretary shall respond in writing to
tion from a laboratory or other facility within
such department or agency.
(5) CONGRESSIONAL NOTIFICATIONS.—The Sec-
retary shall annually notify the Committee on For-
eign Affairs of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs
of the Senate, of all allegations of foreign availability
received from export license applicants under para-
graph (3), and the actions the Secretary has taken
pursuant to such allegations.
(j) REVIEW OF CONTROLLED ITEMS.—
(1) IN GENERAL.—The Secretary shall review all
commodities and technology on the security control
list maintained under subsection (b) at least annu-
ally. At the conclusion of each review, the Secretary,
with the concurrence of the Secretaries
of Defense and Energy, shall justify the inclu-
sion of each item on the security control list, remove
items from the security control list, change the speci-
fications of items on the list, or add items to the list,
in order to meet the requirements of subsection (a)(1).
The data developed from such reviews shall be used in
formulating United States proposals for revision of
multilateral controls in the applicable export control
regimes.
(2) CONSIDERATIONS.—In conducting the an-
nual review, the Secretary shall—
(A) consult with the appropriate export ad-
visory committees appointed under section 104(f)
and consider recommendations of such commit-
tees with respect to proposed changes in the secu-
rity control list;
(B) consider the results of foreign availabil-
ity determinations made under subsection (i);
(C) consider comments received pursuant to
the notice of review provided under paragraph
(3)(B); and
(D) consult with other appropriate depart-
ments or agencies.
(3) PROCEDURES.—
(A) DURATION OF REVIEW.—The annual re-
view required under paragraph (1) may not ex-
tend beyond 180 days after such review is begun.
(B) 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.
(C) REVISIONS.—The Secretary, with the
concurrence of the Secretaries of De-
fense and Energy, shall make a determina-
tion of any revisions in the security control list
not later than 30 days after the end of the review
period. In making such determination, the Sec-
retary shall consult with the appropriate depart-
ments or agencies. ƒThe concurrence or approval
of any other department or agency shall not be
required before any such revision is made.≈
(D) PROPOSALS TO EXPORT CONTROL RE-
GIMES.—If a revision of the security control list
under this paragraph affects the items controlled
by an export control regime, the Secretary of
State shall propose such revision to that regime.
Such revision shall become effective only to the
extent such revision is agreed to by the export
control regime.
(E) PUBLICATION OF REVISIONS.—The Sec-
retary shall publish in the Federal Register any
revisions in the list, with an explanation of the
reasons for the revisions.
(k) INDEXING.—The Secretary shall develop, with the
assistance of the export advisory committees appointed
under section 104(f), methodologies and procedures for in-
dexing items on the security control list where performance
capabilities are relevant and measurable. Such methodolo-
gies and procedures shall provide for increases in the per-
formance levels of commodities and technology on the secu-
rity control list and shall provide for the technical specifica-
tions below which no authority or permission to export is
required as compared to the most technologically advanced
commercially available version of the same or equivalent
commodities or technology. Such methodologies and proce-
dures shall be published in the Federal Register and used
in the annual review of the security control list under sub-
section (j).
(l) REVIEW
OF EXPORT CONTROLS
ON COMPUTER
EQUIPMENT AND TECHNOLOGY.—
(1) IN GENERAL.—In order to ensure that re-
quirements of validated licenses are periodically re-
moved as computer equipment, computer communica-
tions and networking equipment, computer software,
and related technology, that are subject to such re-
quirements become obsolete with respect to the specific
objectives of the export controls requiring such li-
censes, the Secretary shall conduct periodic reviews of
such controls. The Secretary shall complete such a re-
view not later than 6 months after the date of the en-
actment of this Act, and thereafter as part of the re-
views conducted under subsection (j).
(2) REVIEW ELEMENTS.—In conducting each re-
view under paragraph (1), the Secretary shall do the
following with respect to the export controls described
in paragraph (1):
(A) OBJECTIVES OF CONTROLS.—The Sec-
retary shall identify the specific objectives of the
export controls, as part of a comprehensive strat-
egy to prevent the proliferation of weapons of
mass destruction, for the 12-month period follow-
ing completion of the review, for each country or
group of countries for which a validated license
is required. When an objective of an export con-
trol is to defer the development of a specific ca-
pability in such country or group of countries,
the Secretary shall specify for what period of
time the controls are expected to defer such capa-
bility.
(B) QUANTITY
AND
PERFORMANCE.—The
Secretary shall estimate, for the 12-month period
described in subparagraph (A), the quantity and
performance (measured in Composite Theoretical
Performance or other relevant performance
metrics) of computer systems that must be ob-
tained by each country or group of countries for
which a validated license is required in order to
defeat the objectives of the export controls.
(C) AVAILABILITY
TO
CONTROLLED
DES-
TINATIONS.—The Secretary shall evaluate the ef-
fectiveness of the export controls in achieving
their specific objectives, including explicit de-
scriptions of the availability from sources outside
the United States, during the 12-month period
described in subparagraph (A), to controlled
countries of computer equipment, computer com-
munications and networking equipment, com-
puter software, and related technology on which
the export controls are in effect.
(D) ECONOMIC
IMPACT.—The Secretary
shall evaluate the economic impact, during the
12-month period described in subparagraph (A),
of the export controls on exporting companies,
including estimates of lost sales, loss in market
share, and administrative overhead.
(3) INCREASE IN THRESHOLDS.—
(A) INCREASES.—After completing each re-
view under this subsection, the Secretary shall,
ƒafter consultation with appropriate depart-
ments or agencies≈ with the concurrence
of the Secretaries of Defense and En-
ergy, increase, if warranted by the findings of
the review, the following export control thresh-
olds, consistent with the obligations of the United
States under export control regimes:
(i) The performance levels at which
computer systems are eligible for delivery
under a distribution license or other license
authorizing multiple exports.
(ii) The performance levels defining a
‘‘supercomputer’’.
(iii) The performance levels at which
an individual validated license is required
for the export to a controlled country of
computer systems and peripherals, software,
parts, and communications equipment nor-
mally supplied with such computer systems.
In any recommendation for or publication of
such increase, the Secretary shall include the spe-
cific rationale for the increase.
(B) PROPOSALS
TO
MULTILATERAL
RE-
GIMES.—The Secretary of State shall, within 30
days after a determination by the Secretary to
increase thresholds, propose to the other members
of the applicable export control regime the elimi-
nation of the applicable controls on the items
with respect to which such determination is
made, in accordance with the procedures of the
regime, and publish a notice of such proposal in
the Federal Register.
(4) REPORT.—The Secretary shall transmit to
the Congress, and to any export advisory committee
appointed under section 104(f) with respect to com-
puter systems, a report on the findings of each review
conducted under this subsection, addressing each re-
quirement set forth in paragraph (2).
(5) HEARINGS.—The Secretary shall conduct
public hearings not less than once each year in order
to solicit information from all interested parties on
all matters to be addressed in each review conducted
under this subsection.
(6) REMOVAL OF CONTROLS ON MASS-MARKET
COMPUTER EQUIPMENT.—
(A) MASS-MARKET COMPUTER EQUIPMENT
DEFINED.—For purposes of this paragraph, the
term ‘‘mass-market computer equipment’’ means
any computer system, computer networking
equipment, peripheral to a computer system,
part or subassembly of a computer system, or
combination thereof, on which export controls are
in effect under this section, and which will have
been installed for end use outside the United
States in a quantity exceeding 100,000 units
over a 12-month period, as determined under
subparagraph (B).
(B) ANTICIPATORY REVIEW OF MASS-MAR-
KET COMPUTER EQUIPMENT.—Not later than—
(i) 6 months after the date of the enact-
ment of this Act, and
(ii) the end of each 1-year period oc-
curring thereafter,
the Secretary shall, in consultation with the
Computer Systems Technical Advisory Commit-
tee (or successor export advisory committee), in-
dustry groups, and computer equipment produc-
ers, identify those items described in subpara-
graph (A) (including computer systems differen-
tiated in terms of Composite Theoretical Per-
formance) that will be installed for end use out-
side the United States in a quantity exceeding
100,000 units during the 12-month period begin-
ning on the applicable date described in clause
(i) or (ii). For purposes of this paragraph, esti-
mates of numbers of items that will be installed
shall be based on reliable estimates provided by
producers of such items.
(C) ACTION BY THE SECRETARY.—Not later
than 30 days after an item is determined by the
Secretary under subparagraph (B) to be mass-
market computer equipment, the Secretary of
State shall propose to the export control regime
controlling the equipment the eliminaton of con-
trols on such equipment in accordance with the
procedures of the appropriate regime and shall
publish a notice of such proposal in the Federal
Register.
(m) TRADE SHOWS.—Consistent with the agreements
of applicable multilateral export control regimes, an appli-
cation for a license for the export to a controlled country
of any commodity on which export controls are in effect
under this section, without regard to the technical specifica-
tions of the commodity, for the purpose of demonstration
or exhibition at a trade show shall carry a presumption
of approval if—
(1) the United States exporter retains title to,
and maintains effective control of, the commodity,
and complies with any safeguard requirement im-
posed by the Secretary, during the entire period in
which the commodity is in the controlled country; and
(2) the exporter removes the commodity from the
controlled country within a reasonable period of time
after the conclusion of the trade show, as defined in
regulations issued by the Secretary.
(n) STUDY ON COMPUTER EXPORT CONTROLS.—
(1) ARRANGEMENTS
FOR
AND
CONTENT
OF
STUDY.—
(A) 
ARRANGEMENTS
FOR
CONDUCTING
STUDY.—The Secretary, not later than 60 days
after the date of the enactment of this Act, shall
enter into appropriate arrangements with the
National Academy of Sciences and the National
Academy of Engineering (hereafter in this sub-
section referred to as the ‘‘Academies’’) to con-
duct a comprehensive study on the extent to
which exports of computers can be effectively
controlled, and the policy reasons for maintain-
ing such controls.
(B) REQUIREMENT OF STUDY.—Recognizing
the need to enhance the competitiveness of the
United States computer industry while prevent-
ing sensitive technology from being used to de-
velop weapons of mass destruction by controlled
countries, the study shall—
(i) examine the trends of the computer
industry, including those toward new and
more powerful computer systems based upon
‘‘Parallel Computing’’ and ‘‘Virtual Par-
allel Processing’’, and their effect on the ex-
tent to which exports of computer systems
can be effectively controlled, with respect to
the factors described in clause (ii);
(ii) examine the factors that make it
increasingly difficult to control the export of
computers, 
including 
the 
size 
and
expandability of many modern computer
systems and the availability of such com-
puter systems from foreign sources; and
(iii) the effect of export controls on the
competitiveness of the United States com-
puter industry.
(2) ADVISORY PANEL.—In conducting the study
under paragraph (1), the Academies shall appoint an
Advisory Panel of not more than 12 members who
shall be selected from among individuals who, by vir-
tue of their experience and expertise, are knowledge-
able in relevant scientific, business, legal, or adminis-
trative matters. No individual may serve as a mem-
ber who is an elected or appointed official or em-
ployee in the executive, legislative, or judicial branch
of any government. In selecting members of the Advi-
sory Panel, the Academies shall seek suggestions from
the President, the Congress, and representatives of in-
dustry and the academic community.
(3) EXECUTIVE
BRANCH
COOPERATION.—The
Secretary, the Secretary of Defense, the Secretary of
State, the Director of the Central Intelligence Agency,
and the head of any department or agency that exer-
cises authority under this title—
(A) shall furnish to the Academies, upon re-
quest and under appropriate safeguards, classi-
fied or unclassified information which the Acad-
emies determine to be necessary for the purposes
of conducting the study required by this sub-
section; and
(B) shall work with the Academies on such
problems related to the study as the Academies
consider necessary.
(4) REPORT.—Under the direction of the Advi-
sory Panel, the Academies shall prepare and submit
to the President and the Congress, not later than 9
months after entering into the arrangements referred
to in paragraph (1), a report which contains a de-
tailed statement of findings and conclusions of the
Academies from the study conducted under paragraph
(1), together with their recommendations for the com-
plete removal of controls from computers or specifying
the level of technology to which controls on computers
should be reduced.
SEC. 106. EMERGENCY CONTROLS.
(a) AUTHORITY.—
(1) IN GENERAL.—In order to carry out the pol-
icy set forth in paragraphs (6) and (9) of section 103,
the President may, in accordance with the provisions
of this section, unilaterally prohibit or curtail the ex-
port of any commodity or technology subject to the ju-
risdiction of the United States or exported by any
person subject to the jurisdiction of the United States.
(2) EXERCISE OF AUTHORITY.—
(A) IN
GENERAL.—The authority con-
tained in this section shall be exercised by the
Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and such other
departments and agencies as the President con-
siders appropriate.
(B) NATIONAL
SECURITY
ITEMS.—
The Secretaries of Defense and En-
ergy and the heads of other appro-
priate 
departments 
and 
agencies
shall identify commodities and tech-
nology, the export of which would
prove detrimental to the national se-
curity of the United States, for con-
trol under this section. If the Sec-
retary and the Secretary of Defense
are unable to concur on such items,
as determined by the Secretary, the
Secretary of Defense may, within 20
days after receiving notification of
the Secretary’s determination, refer
the matter to the President for reso-
lution. The Secretary of Defense shall
notify the Secretary of any such re-
ferral. The President shall, not later
than 20 days after such referral, no-
tify the Secretary of his determina-
tion with respect to the control of
such items under this section. Failure
of the Secretary of Defense to notify
the President or the Secretary, or
failure of the President to notify the
Secretary, in accordance with this
paragraph, shall be deemed by the
Secretary to constitute concurrence
in the implementation of the actions
proposed by the Secretary regarding
the control of such items under this
section.
(3) EXPIRATION OF AUTHORITY.—
(A) IN
GENERAL.—Any controls imposed
under this section shall expire 6 months after
they are imposed, unless they are terminated
earlier by the President or unless they are ex-
tended under this section, except that such con-
trols may be adopted as multilateral controls
under section 105 or included in an embargo de-
scribed in subsection (f)(1) 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 title. Any extension or subsequent extension
of the controls under this section shall be for a
period of not more than 1 year each. The con-
trols shall expire at the end of each such exten-
sion unless they are terminated earlier by the
President or unless they are further extended
under this section, except that such controls may
be adopted as multilateral controls under section
105 or included in an embargo described in the
first sentence of this subparagraph.
(B) EXCEPTION FOR MULTILATERAL AGREE-
MENTS.—Subparagraph (A) shall not apply to
controls imposed by the President in order to ful-
fill obligations of the United States under resolu-
tions of the United Nations or under treaties to
which the United States is a party. If such a res-
olution or treaty ceases to be in effect, controls
imposed by the President pursuant to such reso-
lution or treaty shall immediately cease to be in
effect.
(4) CRITERIA.—The President may impose con-
trols under this section only if the President—
(A) determines that the controls are ƒessen-
tial to≈ necessary to further signifi-
cantly the national security or foreign policy of
the United States or its allies, including the pre-
vention of acts of international terrorism;
ƒ(B) determines that no other alternative
means can achieve the national security or for-
eign policy objectives of the United States within
a reasonable period of time, including all other
possible sanctions;
and results of the efforts made to secure the co-
operation of foreign governments in controlling
the foreign availability of such comparable com-
modities or technology.
Such report shall also indicate how such controls will
further significantly the policies of the United States
as set forth in section 103 or will further its declared
international obligations.
(3) SUBMISSION OF REPORT TO GAO.—Each re-
port required by paragraph (2) shall, at the same
time it is submitted to the Congress, also be submitted
to the General Accounting Office for the purpose of
assessing the report’s full compliance with the purpose
of this subsection.
(e) SEEKING MULTILATERAL SUPPORT FOR UNILAT-
ERAL CONTROLS.—The Secretary and the Secretary of
State shall have a continuing duty to seek support, by other
countries and by multilateral export control regimes, for all
controls imposed under this section.
(f) PROCEDURES AND LIMITATIONS ON EMERGENCY
CONTROLS.—
(1) IMPOSITION OF AN EMBARGO.—An embargo
under subsection (a)(3)(A) shall include the prohibi-
tion of all exports to and imports from the country
against which the controls under this section were im-
posed, except that such an embargo need not include
a prohibition on exports of items described in section
114(k).
(2) CESSATION OF EMERGENCY CONTROLS.—
(A) IN GENERAL.—Controls imposed under
this section on commodities or technology shall
cease to be in effect immediately upon—
(i) the imposition of multilateral con-
trols under section 105 on the same com-
modities and technology to the country or
end user, or for the end use, with respect to
which the controls were imposed under this
section; or
(ii) the imposition, under the Inter-
national Emergency Economic Powers Act,
the Trading with the Enemy Act, or other
provision of law, of an embargo described in
paragraph (1).
(B) CONVERSION TO MULTILATERAL AGREE-
MENTS.—If the President imposes controls on
commodities or technology to a country or end
user, or for an end use, under this section in
order to fulfill obligations of the United States
under resolutions of the United Nations or under
a treaty to which the United States is a party,
any controls imposed prior thereto under this
section on the same commodities or technology to
the same country or end user, or for the same
end use, shall immediately cease to be in effect.
(3) LIMITATIONS
ON
REIMPOSITION.—Controls
which have ceased to be in effect under subsection
(a)(3), and which have not been extended under sub-
section (g), may not be reimposed by the President
under subsection (a) for a period of 6 months begin-
ning on the date on which the original controls ex-
pire.
(g) EXTENSION OF EMERGENCY CONTROLS.—
(1) REPORT.—If the President decides to extend
controls imposed under subsection (a), which are due
to expire under subsection (a)(3), 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 1 year, for
which the controls are proposed to be extended. In
particular, such report shall—
(A) contain determinations by the Presi-
dent—
(i) that the controls continue to be es-
sential to the national security or foreign
policy of the United States;
ƒ(ii) that no other alternative means
can achieve the national security or foreign
policy objectives of the United States within
a reasonable period of time, as described in
subsection (a)(4)(B);
ƒ(iii)≈ (ii) that the United States has
demonstrated the ability to enforce all as-
pects of the controls effectively; and
ƒ(iv)≈ (iii) that the effect of the con-
trols on those factors described in subsection
(a)(4)ƒ(E)≈(D) has not exceeded the bene-
fits to the foreign policy or national secu-
rity interests of the United States;
(B) identify those commodities and tech-
nology to be controlled, specify that they must be
controlled in order to achieve the intended pur-
pose of the controls, and describe the reasons for
the selection of such items;
(C) specify the reasons why negotiations re-
quired under subsection (a)(5) or (c) failed to re-
sult in the adoption of the controls under section
105, and the prospects for the multilateral adop-
tion of such controls;
(D) specify the reasons why an embargo de-
scribed in paragraph (1) is not presently justi-
fied to achieve the national security or foreign
policy objectives of the United States;
(E) include an assessment by the Secretary
of the economic consequences of the controls dur-
ing the preceding 4 months (in the case of the
first extension of the controls under this section)
or during the preceding 10 months (in the case
of any subsequent extension of the controls under
this section), including estimates of any lost
United States exports and jobs;
(F) include an assessment by the Secretary
of State of the objectives of the controls and the
extent to which the controls have attained those
objectives during the preceding 4 months (in the
case of the first extension of the controls under
this section) or during the preceding 10 months
(in the case of any subsequent extension of the
controls under this section); and
(G) include an assessment by the Secretary
of Defense of the impact the controls have had on
the national security of the United States in 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) DISCHARGE.—If the Committee of ei-
ther 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 con-
sideration of the joint resolution or of any other
joint resolution introduced with respect to the
same matter.
(D) CONSIDERATION.—A joint resolution
under this paragraph shall be considered in the
Senate in accordance with the provisions of sec-
tion 601(b)(4) of the International Security As-
sistance and Arms Export Control Act of 1976.
For the purpose of expediting the consideration
and passage of joint resolutions reported or dis-
charged 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 pro-
viding procedures for the immediate consider-
ation of a joint resolution under this paragraph
which may be similar, if applicable, to the proce-
dures set forth in section 601(b)(4) of the Inter-
national Security Assistance and Arms Export
Control Act of 1976.
(E) DUPLICATIVE
RESOLUTIONS.—In the
case of a joint resolution described in subpara-
graph (A), if, before the passage by one House of
a joint resolution of that House, that House re-
ceives a resolution with respect to the same mat-
ter 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) FURTHER
EXTENSIONS
OF
CONTROLS.—If,
upon the expiration of the emergency controls ex-
tended under this subsection, the President determines
that a further extension of emergency controls for an
additional period of time of not more than 1 year is
necessary, paragraphs (1) through (3) shall apply to
such further extension.
(5) CALCULATION OF TIME PERIODS.—For pur-
poses of calculating calendar days under this sub-
section, there shall be excluded the days on which ei-
ther House of Congress is not in session because of an
adjournment of more than 3 days to a day certain or
because of an adjournment of the Congress sine die.
(h) EFFECT ON OTHER AUTHORITY.—
(1) EMBARGO AUTHORITY.—Nothing in this sec-
tion shall be construed to limit the authority of the
President to impose an embargo described in sub-
section (f)(1) on exports to, and imports from, a spe-
cific country under the International Emergency Eco-
nomic Powers Act, the Trading with the Enemy Act,
or other provision of law (other than this title). 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 embar-
go is in effect.
(2) EFFECT
ON
EXISTING
EMBARGOES.—(A)
Nothing in this section affects the authorities con-
ferred upon the President by section 5(b) of the Trad-
ing 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 be-
fore 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
Economic Powers Act or other provision of law (other
than the Export Administration Act of 1979), 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.
(i) COUNTRIES SUPPORTING INTERNATIONAL TERROR-
ISM.—
(1) PROHIBITION ON EXPORTS.—(A) No export
or reexport of commodities or technology described in
subparagraph (B) may be made to any country the
government of which the Secretary of State has deter-
mined has repeatedly provided support for acts of
international terrorism.
(B) The commodities or technology referred to in
subparagraph (A) are—
(i) any commodities or technology the ex-
port of which is controlled under this title pursu-
ant to the Missile Technology Control Regime or
the Australia Group, or controlled under this
title pursuant to section 309(c) of the Nuclear
Non-Proliferation Act of 1978,
(ii) any commodities or technology de-
scribed in section 105(a)(1)(B) the export of
which is controlled under section 105, and
(iii) any commodities or technology the ex-
port of which could make a significant contribu-
tion to the military potential of a country de-
scribed in subparagraph (A), including its mili-
tary logistics capability, or could enhance the
ability of such country to support acts of inter-
national terrorism,
other than commodities or technology that the Presi-
dent determines will be used only for humanitarian
purposes. A validated license shall be required for the
export under this paragraph of any such commodities
or technology that will be used only for humanitarian
purposes.
(C) Paragraphs (3)(A) and (4) of subsection (a)
shall not apply to exports prohibited or restricted
under this subsection.
(D)(i) The Secretary shall review the list of
items described in subparagraph (B)(iii) at least an-
nually. At the conclusion of the review, the Secretary
shall justify the inclusion of each item on the list, re-
move items from the list, change the specifications of
items on the list, or add items to the list, in order to
ensure that the items on the list meet the requirements
of subparagraph (B)(iii).
(ii) The procedures set forth in subparagraphs
(B), (C), and (E) of section 105(j) shall apply to re-
views under clause (i) of the list of items described in
subparagraph (B)(iii) to the same extent as such sub-
paragraphs apply to reviews of the security control
list under section 105(j).
(2) NOTIFICATION OF CONGRESS OF LICENSES
ISSUED.—The Secretary and the Secretary of State
shall notify the Committee on Foreign Affairs of the
House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the Com-
mittee on Foreign Relations of the Senate at least 30
days before issuing any validated license under this
title for exports to a country the government of which
the Secretary of State has determined has repeatedly
provided support for acts of international terrorism.
(3) PUBLICATION
OF
DETERMINATIONS.—Each
determination of the Secretary of State under para-
graph (1)(A), and each determination under section
6(j)(1)(A) of the Export Administration Act of 1979
in effect at the time this title takes effect, shall be pub-
lished in the Federal Register.
(4) RESCISSION OF DETERMINATIONS.—A deter-
mination made by the Secretary of State under para-
graph (1)(A) may not be rescinded unless the Presi-
dent submits to the Speaker of the House of Rep-
resentatives and the chairman of the Committee on
Banking, Housing, and Urban Affairs and the chair-
man of the Committee on Foreign Relations of the
Senate—
(A) before the proposed rescission would
take effect, a report certifying that—
(i) there has been a fundamental
change in the leadership and policies of the
government of the country concerned;
(ii) that government is not supporting
acts of international terrorism; and
(iii) that government has provided as-
surances that it will not support acts of
international terrorism in the future; or
(B) at least 45 days before the proposed re-
scission would take effect, a report justifying the
rescission and certifying that—
(i) the government concerned has not
provided any support for international ter-
rorism during the preceding 6-month pe-
riod; and
(ii) the government concerned has pro-
vided assurances that it will not support
acts of international terrorism in the future.
(5) WAIVER OF PROHIBITIONS.—The President
may waive the prohibitions contained in paragraph
(1)(A) with respect to a specific transaction if—
(A) the President determines that the trans-
action is essential to the national security inter-
ests of the United States; and
(B) not less than 30 days prior to the pro-
posed transaction, the President—
(i) consults with the Committee on
Foreign Affairs of the House of Representa-
tives and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate re-
garding the proposed transaction; and
(ii) submits to the Speaker of the
House of Representatives and the chairman
of the Committee on Banking, Housing, and
Urban Affairs of the Senate a report con-
taining—
(I) the name of any country in-
volved in the proposed transaction, the
identity of any recipient of the items
to be provided pursuant to the pro-
posed transaction, and the anticipated
use of those items;
(II) a description of the items in-
volved in the proposed transaction (in-
cluding their market value) and the ac-
tual sale price at each step in the
transaction;
(III) the reasons why the proposed
transaction is essential to the national
security interests of the United States
and the justification for the proposed
transaction;
(IV) the date on which the pro-
posed transaction is expected to occur;
and
(V) the name of every United
States Government department, agen-
cy, or other entity involved in the pro-
posed transaction, and every foreign
government involved in the proposed
transaction.
To the extent possible, the information specified in
clause (ii) of subparagraph (B) shall be provided in
unclassified form, with any classified information
provided in an addendum to the report.
(6) MULTILATERAL REGIMES.—The Secretary of
State shall propose to COCOM, to the Australia
Group, to the countries participating in the Missile
Technology Control Regime, and to the Nuclear Sup-
pliers Group, that each such group adopt those con-
trols that are imposed by this subsection on exports
of commodities or technology subject to control by
such group. The Secretary of State shall continue to
make such proposals until such export controls are so
adopted.
(7) EFFECT ON OTHER LAWS.—The provisions of
this subsection do not affect any other provision of
law to the extent such other provision imposes greater
restrictions on exports to any country the government
of which the Secretary of State has determined has re-
peatedly provided support for acts of international
terrorism than are imposed under this subsection.
(j) CRIME CONTROL INSTRUMENTS.—
(1) VALIDATED
LICENSE
REQUIRED.—Crime
control and detection instruments and equipment
shall be approved for export by the Secretary only
pursuant to a validated export license. Paragraphs
(3)(A) and (4) of subsection (a) shall not apply to the
export controls imposed by this subsection.
(2) 
CONSULTATION
WITH
SECRETARY
OF
STATE.—
(A) ITEMS ON CONTROL LIST.—Any deter-
mination of the Secretary of what commodities
or technology shall be included on the control
index as a result of the export restrictions im-
posed by this subsection shall be made after con-
sultation with the Secretary of State.
(B) ACTION
ON
LICENSE
APPLICATION.—
Any determination of the Secretary to approve
or deny an export license application to export
crime control or detection instruments or equip-
ment shall be made after consultation with the
Secretary of State.
(3) DISPUTE RESOLUTION.—If the Secretary of
State does not agree with the Secretary with respect
to any determination under paragraph (2), the Sec-
retary of State shall refer the matter to the President
for resolution.
(4) EXCEPTIONS.—The provisions of this sub-
section shall not apply with respect to exports to
countries which are members of the North Atlantic
Treaty Organization or to Japan, Australia, or New
Zealand, or to such other countries as the President
shall designate consistent with the purposes of this
subsection and section 502B of the Foreign Assistance
Act of 1961.
(k) SPARE PARTS.—At the same time as the President
imposes or expands export controls under this section, the
President shall determine whether such export controls will
apply to replacement parts or parts in commodities subject
to such export controls.
(l) 
TREATMENT
OF
CERTAIN
SENSITIVE
ITEMS.—
(1) FINDINGS.—The Congress makes
the following findings:
(A) The United States continues
to play a leadership role in control-
ling the export of sensitive dual use
items and munitions items to dan-
gerous countries.
(B) The importance of maintain-
ing this leadership and securing the
adherence of friendly nations to ex-
port restrictions similar to those of
the United States was demonstrated
by the large number of dual use and
munitions items Iraq was able to se-
cure from Western exporters prior to
Desert Storm.
(C) 
Besides 
Iraq, 
the 
United
States has voiced its concern about
Libya, North Korea, Syria, Cuba, and
Iran acquiring dual use and muni-
tions items from Western sources, re-
publics of the former Soviet Union,
and the Peoples’ Republic of China.
(D) Since Desert Storm, the Unit-
ed States has learned that a substan-
tial number of sensitive items Iraq re-
ceived from Western nations were not
sent directly, but were reexported
from third-party destinations.
(E) The threat of third-party reex-
ports of sensitive exports could be ag-
gravated by proposals to send dual
use items to friendly nations ‘‘license-
free’’ or under ‘‘substitute’’ licensing
schemes that would be less restrictive
than individual validated licensing,
which requires prior United States
consent for any reexport.
(F) Eliminating or reducing indi-
vidual validated licensing require-
ments on sensitive dual use and mu-
nitions exports to friendly countries
increases the risk that such items will
be reexported to rogue countries, in-
cluding Iran, Iraq, Syria, Libya, Cuba,
and North Korea.
(2) POLICY STATEMENT.—It shall be the
policy of the United States to maintain its
international leadership in restricting
the export of sensitive dual use items and
of munitions to rogue countries such as
Iran, Iraq, Syria, Libya, Cuba, and North
Korea by—
(A) maintaining existing unilat-
eral controls whenever necessary to
keep sensitive United States dual use
items and munitions from being ex-
ported to these countries;
(B) encouraging all other coun-
tries producing such items to restrict
the export of these items in a similar
manner;
(C) working with the republics of
the former Soviet Union and of the
members of COCOM to create a suc-
cessor to COCOM that would prohibit